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Trump administration FBI Director appointment, 2017

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Investigations into Russian interference in the 2016 presidential election and the firing and hiring of the FBI director
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For information more on the Russia probe and the firing and hiring of the FBI director, view the following articles:
Senate investigation
House investigation
Trump firing of FBI Director James Comey
Congressional responses to the firing of James Comey
Considered candidates for FBI diretcor
Hillary Clinton email investigation
Reactions to Comey's letter on Clinton email investigation
Federal policy on Russia
Robert Mueller

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On June 7, 2017, President Donald Trump announced that he would nominate Christopher Wray as the next director of the Federal Bureau of Investigation (FBI). Trump wrote on Twitter, "I will be nominating Christopher A. Wray, a man of impeccable credentials, to be the new Director of the FBI. Details to follow." Wray was officially nominated on June 26, 2017.[1][2][3]

The Senate Judiciary Committee held a confirmation hearing for Wray on July 12, 2017. On July 20, 2017, the committee voted 20-0 in favor of Wray. The Senate confirmed Wray by a vote of 92-5 on August 1, 2017. Sens. Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Ed Markey (D-Mass.), Ron Wyden (D-Ore.), and Jeff Merkley (D-Ore.) voted against Wray's nomination. With the exception of J. Edgar Hoover, who was not subject to the existing confirmation process, former FBI Director James Comey was the only nominee before Wray who was not unanimously confirmed to the position. In 2013, Sen. Rand Paul (R-Ky.) cast the only vote against his nomination. Wray was sworn in as FBI director on August 2, 2017.[4][5][6][7][8][9][10]

On May 9, 2017, Trump fired former FBI Director James Comey. Trump wrote in a letter to Comey, “While I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgment of the Department of Justice that you are not able to effectively lead the bureau. It is essential that we find new leadership for the F.B.I. that restores public trust and confidence in its vital law enforcement mission."[11]

The FBI director is appointed by the president and confirmed by the Senate. A director serves at the pleasure of the president for a single term of no longer than 10 years, unless he or she resigns, dies, or is removed.

Christopher Wray

Wray was a partner at the law firm King & Spalding. He served as an assistant attorney general in charge of the Department of Justice's (DOJ) criminal division from 2003 to 2005 under the Bush administration. While at the DOJ, Wray investigated the Enron scandal. Wray also worked as Gov. Chris Christie's (R-N.J.) attorney during an investigation into the September 2013 George Washington Bridge lane closures.[13]

Wray testified before the Senate Judiciary Committee on July 12, 2017, where he was questioned about the investigation into Russian interference in the 2016 presidential election, the handling of classified information, torture, and his legal career. His comments appear below[14]

  • On his approach to FBI investigations: "My commitment is to the rule of law, to the Constitution, to follow the facts wherever they may lead. And there isn't a person on this planet whose lobbying or influence could convince to just drop or abandon a properly predicated and meritorious investigation."[15]
  • On special counsel Robert Mueller's investigation: "I would consider an effort to tamper with Director Mueller’s investigation to be unacceptable and inappropriate. ... I do not consider Director Mueller to be on a witch hunt."[15][16]
  • On how he would respond if the president requested that he do something unethical: "First, I would try to talk him out of it, and if that failed, I would resign."[15]
  • On whether anyone from the White House had requested loyalty from him: "My loyalty is to the Constitution, the rule of law and to the mission of the FBI. No one asked me for any kind of loyalty oath at any point during this process and I sure as heck didn't offer one."[17]
  • On torture: "My view is that torture is wrong, it's unacceptable, it's illegal and I think it's ineffective."[16]

Considered candidates for Director of the Federal Bureau of Investigation

The director of the FBI reports directly to the U.S. attorney general and the director of national intelligence and is responsible for protecting the United States from terrorist attacks; foreign intelligence operations and espionage; cyber-based attacks and high-technology crimes; public corruption at all levels; civil rights violations; transnational/national criminal organizations and enterprises; major white-collar crime; and significant violent crime.[18]

Considered candidates for permanent Director of the Federal Bureau of Investigation
Name Notable experience Source
John Pistole Former head of the Transportation Security Administration under President Barack Obama and former FBI deputy director USA Today
Christopher WrayGreen check mark transparent.png Former assistant attorney general USA Today
Ken Wainstein Defense lawyer; a top national security official in the George W. Bush administration The Wall Street Journal
Andrew McCabe Acting FBI director The Wall Street Journal
Adam Lee FBI special agent in charge of the Richmond division Richmond Times-Dispatch
Frank Keating Former Oklahoma Governor NBC News
Mike Rogers Former Republican representative from Michigan, former chairman of the House Intelligence Committee The Wall Street Journal
Henry Hudson Federal judge on the United States District Court for the Eastern District of Virginia The Wall Street Journal
Frances Townsend Homeland Security advisor in the George W. Bush administration The Washington Examiner
Michael Garcia Judge on the New York Court of Appeals The Wall Street Journal
Dana Boente Acting assistant attorney general of the national security division in the Department of Justice and U.S. attorney for the Eastern District of Virginia Reuters
Ray Kelly Former commissioner of the New York City Police Department CBS Miami/Associated Press
J. Michael Luttig General counsel for Boeing Corp., former judge on the Fourth Circuit U.S. Court of Appeals CBS Miami/Associated Press
Larry Thompson Deputy attorney general under President George W. Bush CBS Miami/Associated Press
Paul Abbate FBI assistant director for the criminal, cyber, response, and services branch CBS Miami/Associated Press
John W. Suthers Mayor of Colorado Springs, Colorado, former attorney general of Colorado CBS Miami/Associated Press
Kelly Ayotte Former senator from New Hampshire, former attorney general of New Hampshire Politico
Trey Gowdy* Representative from South Carolina, chairman of a congressional inquiry into Hillary Clinton’s role in the 2012 attacks on the U.S. Consulate in Benghazi, Libya Reuters
John Cornyn** U.S. Senator from Texas, member of the Senate Judiciary and Intelligence committees The Wall Street Journal
Alice Fisher*** Former Justice Department criminal division chief Politico
Richard McFeely**** Former top FBI official NBC News
Joe Lieberman***** Former senator from Connecticut; former attorney general of Connecticut NBC News
*On May 15, 2017, Gowdy withdrew his name from consideration to become FBI director. In a statement, Gowdy told Attorney General Jeff Sessions of his “firm conviction that I would not be the right person.” He added, "Our country and the women and men of the FBI deserve a Director with not only impeccable credentials but also one who can unite the country as we strive for justice and truth. I am confident that person will emerge."[19]
**On May 16, 2017, Sen. John Cornyn (R-Texas) withdrew his name from consideration to become FBI director. He said, “Now more than ever the country needs a well-credentialed, independent FBI director. I’ve informed the administration that I’m committed to helping them find such an individual, and that the best way I can serve is continuing to fight for a conservative agenda in the U.S. Senate."[20]
***On May 17, 2017, Alice Fisher withdrew her name from consideration to become FBI director. A source close to Fisher said in a statement, “She expects to remain in touch with the officials working on the nomination and will do all she can to help support the President's nominee as they take on this incredibly important national security and public safety role."[21]
****On May 20, 2017, Richard McFeely withdrew his name from consideration to become FBI director, citing family considerations.[22]
*****On May 24, 2017, former Sen. Joe Lieberman withdrew his name from consideration to become FBI director. In a letter to Trump, Liberman wrote, “With your selection of Marc Kasowitz to represent you in the various investigations that have begun, I do believe it would be best to avoid any appearance of a conflict of interest, given my role as a senior counsel in the law firm of which Marc is the senior partner."[23]

FBI Agents Association endorses Rogers

On May 13, 2017, the FBI Agents Association endorsed former Rep. Mike Rogers (R-Mich.) to replace Comey. FBIAA President Thomas F. O’Connor said in a statement, “It is essential that the next FBI Director understand the details of how Agents do their important work. Mike Rogers’ background as a Special Agent, veteran of the armed forces and former member of Congress sets him apart as someone capable of confronting the wide array of challenges facing our help ensure that the Bureau remains the world’s premiere law enforcement agency. ... Rogers’ unique and diverse experience will allow him to effectively lead the men and women of the Bureau as we work to protect our country from criminal and terrorist threats."[24]

McConnell supports Garland

Senate Majority Leader Mitch McConnell (R-Ky.) said that he recommended former Supreme Court nominee Judge Merrick Garland to Trump as a replacement for Comey. McConnell said, "It may surprise people, but he has a deep background in criminal law, he was the prosecutor in the Oklahoma City bombing case and I think it would make it clear that President Trump will continue the tradition at the FBI of having an apolitical professional." McConnell added, "I think if he picks someone with a deep background in law enforcement, who has no history of political involvement, a genuine expert — and the reason I mention Garland is he's an example of that — it will serve him well, serve the country well and lead to a more bipartisan approach."[25]

According to The Hill, "Democrats are unlikely to accept Garland trading his lifetime appointment on the influential U.S. Court of Appeals for the District of Columbia for a ten-year FBI director appointment that Trump could cut short at any time by firing him."

In 2016, McConnell did not hold hearings on Garland's nomination to the Supreme Court by President Barack Obama.

See also

Footnotes

  1. WhiteHouse.gov, "President Donald J. Trump Announces Intent to Nominate Christopher A. Wray to be Director of the FBI," June 7, 2017
  2. Twitter, "Donald J. Trump," June 7, 2017
  3. WhiteHouse.gov, "Thirteen Nominations Sent to the Senate Today," June 26, 2017
  4. ABC News, "Panel sets confirmation hearing date for Trump's FBI pick," July 5, 2017
  5. Politico, "Wray’s FBI nomination approved by Senate committee," July 20, 2017
  6. The Hill, "Senate confirms Trump's FBI director nominee," August 1, 2017
  7. ABC News, "Panel sets confirmation hearing date for Trump's FBI pick," July 5, 2017
  8. FBI.gov, "Directors, Then and Now," May 15, 2017
  9. FAS.org, "FBI Director: Appointment and Tenure," February 19, 2014
  10. Senate.gov, "On the Nomination (Confirmation Christopher A. Wray, of Georgia, to be Director of the Federal Bureau of Investigation)," August 1, 2017
  11. The New York Times, "F.B.I. Director James Comey Is Fired by Trump," May 9, 2017
  12. FAS.org, "Nomination and Confirmation of the FBI Director: Process and Recent History," March 17, 2005
  13. Politico, "Trump taps Christopher Wray to head FBI," June 7, 2017
  14. The Wall Street Journal, "FBI Director Pick Christopher Wray Testifies in Senate Judiciary Hearing: Live Coverage," July 12, 2017
  15. 15.0 15.1 15.2 CNN, "FBI director nominee vows independence: No 'pulling punches,'" July 12, 2017
  16. 16.0 16.1 The Los Angeles Times, "Trump's choice to head FBI backs special counsel and promises independence," July 12, 2017
  17. ABC News, "Trump FBI pick Christopher Wray testifies no one asked him for 'loyalty oath,'" July 12, 2017
  18. FBI.gov, "Mission & Priorities," May 15, 2017
  19. USA Today, "Trey Gowdy drops out of running for FBI Director," May 15, 2017
  20. Politico, "Cornyn pulls out of running for FBI director job," May 16, 2017
  21. USA Today, "Kentuckian Alice Fisher withdraws name from search to replace James Comey as FBI director," May 17, 2017
  22. ABC7 News, "Sources: Richard McFeely withdraws name from consideration for FBI director," May 20, 2017
  23. ABC News, "Joe Lieberman takes his name out of the running for FBI director, citing conflict of interest," May 25, 2017
  24. Politico, "FBI agents group endorses Mike Rogers for FBI director," May 13, 2017
  25. The Hill, "McConnell backs Merrick Garland for FBI director," May 16, 2017