The shocking announcement that President-elect Donald Trump will nominate Kash Patel as FBI Director sets the stage for new turmoil in a law enforcement agency tasked with protecting the homeland and investigating federal crimes.
Patel, Trump’s staunch ally with the intention of shaking the table, it is a study of the contrasts of the current narrow director, Christopher Wray, One who preaches the mantra “keep calm and fight hard”.
By picking Patel late Saturday among the most common voters, the incoming Republican president is once again testing his ability to bend the Senate to his will by confirming some of his most provocative candidates.
What about the current FBI director?
Wray was appointed director by Trump in 2017 and technically has three years left on his 10-year term.
This time period is intended to ensure that the directors of the nation’s most important federal law enforcement agency can act without political influence or pressure. Presidents have usually, but not always, retained the director who was in place at the time they took office, as Democratic President Joe Biden has done with Wray.
But also, all FBI directors serve at the pleasure of the president; in fact, Wray was named after him Trump fired James Comey, the head of the FBI he succeeded in his first term.
Biden’s national security adviser, Jake Sullivan, said Sunday that the Biden administration “upheld the longstanding rule that FBI directors serve their full terms because the FBI director is a unique player in the American system of government.”
After Trump nominated Wray for the job, Sullivan told NBC’s “Meet the Press” that “Joe Biden didn’t fire him. He trusted him to fulfill his responsibilities as FBI director and allowed him to complete his full term. … So that’s how we approached things.” and we want to make sure that the FBI remains an independent organization that is isolated from politics.”
Trump’s announcement means Wray could either turn down the job, in line with Trump’s apparent wishes, or wait to be fired when Trump takes office in January. Either way, picking the next one means Wray’s days are numbered. If Wray leaves before Patel is confirmed, the acting director position would be filled by the current FBI deputy director on an interim basis.
The bureau said in a statement Saturday night: “Every day, the men and women of the FBI continue to work to protect Americans from a growing array of threats. Director Wray’s focus remains on the men and women of the FBI, the people we work for, and the people we work for.”
Can the Senate confirm Patel?
Republicans may have won control of the Senate, but his confirmation is not guaranteed.
There are certainly lawmakers who support Trump’s push to overhaul the FBI, especially after federal investigations that led to two separate indictments of the president-elect, and who share the view that law enforcement has been “weaponized” against conservatives.
But Patel is likely to face deep skepticism during his confirmation hearings for his stated plans to rid the administration of anti-Trump “conspirators,” and he says he would close the FBI’s Pennsylvania Avenue headquarters in the nation’s capital and send thousands of employees. who work there to “catch criminals” around the country.
And while Trump may have wanted a loyalist willing to seek retribution against perceived opponents, that view is likely to frustrate senators who believe the FBI and Justice Department should operate without political influence and are not responsible for fulfilling a president’s personal responsibility. agenda
Foreshadowing a potentially bruising confirmation battle, Sen. Chris Coons, D-Delaware, wrote on social media late Saturday: “Kash Patel will be another test of the Senate’s advisory and consensus power. Patel must prove to the Senate Judiciary Committee that he is properly qualified and, that, despite past statements, he will place our nation’s public safety above a political agenda focused on retribution.”
Trump has also raised it using break appointments to push his candidates through the Senate.
If Patel is confirmed, can he really do what he says he will?
Patel has made bold claims about his plans for the federal government, but most of these proposals would require the support and buy-in of other officials and would almost certainly meet with strong resistance. He claims he would reduce the FBI’s footprint and authority, a position traditionally taken by the bureau’s leaders, who have always said they want more resources, not less.
He has spoken of trying to rid the anti-Trump government of “conspirators” and going after “people who lied in the media about American citizens who helped manage Joe Biden’s presidential election,” either criminally or civilly.
According to FBI guidelines, criminal investigations cannot be rooted in arbitrary or baseless speculation, but must have an authorized objective of detecting or disrupting criminal activity. And while the FBI conducts investigations, the responsibility for filing federal charges or bringing a lawsuit on behalf of the federal government rests with the Department of Justice. Trump said last week that he planned to nominate the former Florida attorney general Pam Bondi to serve as attorney general.
Patel’s crackdown on leaks to the media by government officials signals that the Justice Department wants to overturn a current policy that prohibits seizing the secrets of reporters’ phone records in fugitive investigations. The policy was instituted by Attorney General Merrick Garland following allegations that federal prosecutors obtained subpoenas for reporters’ phone records.
Patel has talked about separating the FBI’s intelligence-gathering operations — now a core function of the bureau’s mandate — from its other operations. It’s unclear whether the U.S. plans to follow through on that pledge or how it will be greeted at a time when officials say the threat from terrorism is growing.
He also says he wants to close the FBI’s Pennsylvania Avenue headquarters and send the employees who work there across the country. It’s unclear whether this is a hyperbolic claim reflecting disdain for the “deep state” or something they would actually try to implement, but how this would look in practice remains a big question mark.
