Washington (AP) Senators will probably be devoid of a long-standing requirement of the confirmation process as they get ready to review President-elect Donald Trump’s Cabinet nominees: an FBI background investigation.
In order to enable the FBI to review Trump’s personnel picks for the purpose of gaining security clearances and meeting the Senate’s routine nomination requirements, the Trump transition team has yet to finalize the necessary agreements with the White House and the Justice Department.
This implies that the Senate might be asked to vote on Trump’s selections without the customary thorough background investigation that aims to find criminal records, personal issues, or other warning signs that would cast doubt on a candidate’s qualification for the position. Many of the individuals Trump wants in his cabinet are currently the subject of significant concerns.
Dan Meyer, a Washington attorney with the Tully Rinckey law company that focuses on background checks, security clearances, and federal employment law, stated that if you don’t get this right, there are very significant security-related penalties.
The matter at hand concerns a memorandum of understanding wherein a president, or in this instance, an incoming one, files requests for background and name checks, and the FBI agrees to notify the White House of any negative material found throughout the procedure.
However, that agreement has not yet been inked, and the Trump transition team is depending on outside law firms, associated organizations, and internal campaign staffers to help with the hiring process. Because of the Russia election meddling probe that dogged his first term and, more recently, FBI investigations into his hoarding of classified documents and attempts to overturn the 2020 election results that resulted in his indictment last year, Trump has long viewed FBI leadership with suspicion.
On Wednesday, a Justice Department official stated that talks over signing the letter were still in progress with the Trump transition team.
The department said in a statement last week that it was dedicated to making sure the transition to the next administration was smooth and orderly.
According to the statement, we stand ready to handle requests for security clearances for individuals who will require access to national security material, and we are ready to provide the transition team with briefings on our operations and responsibilities.
Appointees whose positions require a security clearance would need to submit to a background check. However, Trump may just order people to get a security clearance after he takes office on January 20, 2025, as he reportedly did forson-in-law Jared Kushner during his first term.
According to Meyer, the president is in charge of the personnel security system. His executive agent for that is the director of national intelligence. In just two seconds, the president may alter the security system by issuing an executive order. He owns it all.
Lawmakers are expressing dissatisfaction over what they perceive to be inadequate screening of the candidates they are being asked to examine. A bill that would formalize the FBI’s involvement in the background check procedure for presidential political appointees was presented Tuesday by two Democratic members of the House, Ted Lieu of California and Don Beyer of Virginia.
The problem is especially pertinent in light of some of Trump’s choices’ dubious histories.
Former Florida Representative Matt Gaetz, Trump’s nominee for attorney general, was the subject of a Justice Department sex trafficking investigation into claims involving young females, but he was not charged with any federal crimes. Additionally, a House Ethics investigation was conducted to determine whether Gaetz used illegal drugs and sexually inappropriate behavior, accepted inappropriate gifts, and attempted to thwart government investigations into his actions—all of which he denies.
Pete Hegseth, picked for the role of defense secretary,was accused of sexual assault in 2017after a speaking appearance at a Republican women s event in Monterey, California, but was not charged after a police investigation.
Timothy Parlatore, his attorney, stated that Hegseth paid the woman a certain amount as part of a private settlement and described the sexual contact as consensual. Hegseth did so to head off a threatened lawsuit, according to Parlatore, who said his client was the victim of blackmail.
Democrats are expressing a desire to thoroughly investigate possible trouble spots.
Senator Jack Reed of Rhode Island, the current head of the Senate Armed Services Committee, stated that it would not be proper to conduct a quick background check, such as calling 20 people. He will be the committee s top Democrat next year, as Republican regain the majority, when it takes up Hegseth s nomination.
The selection offormer Democratic Rep. Tulsi Gabbardfor director of national intelligence has alarmed U.S. intelligence analysts who point to her past criticism of Ukraine, comments supportive of Russia as well as secret meetings with Syrian president Bashar Assad, a close ally of Russia and Iran.
The Senate has a responsibility to closely examine Gabbard and should not approve the confirmation just because Republicans feel a loyalty to Trump, said Rep. Jim Himes, D-Conn., his party s ranking member on the House Intelligence Committee.
The Republican senator who votes to confirm Matt Gaetz or Robert Kennedy or Tulsi Gabbard will be remembered by history as somebody who completely gave up their responsibility to Donald Trump, Himes said Sunday on CBS Face the Nation.
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Associated Press writers David Klepper, Lisa Mascaro and Alanna Durkin Richer contributed to this report.
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