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As senators prepare to consider President-elect Donald Trump's picks for his cabinet, they will likely be doing so without a well-established staple of the confirmation process: an FBI background check.
The Trump transition team has so far not signed the requisite agreements with the White House or the Justice Department to allow the FBI to screen his personnel choices, both for the process of obtaining security clearances and meeting the Senate’s usual standards for nominations.
That means the Senate could be asked to vote on Trump's picks without the usual rigorous background checking meant to uncover personal problems, criminal histories or other red flags that would raise questions about a nominee's suitability for the job. There already are questions about problematic issues related to a number of the people Trump wants in his administration.
“There are very real liabilities on the security side if you don’t get this right,” said Dan Meyer, a Washington lawyer at the at the Tully Rinckey law firm who specializes in background checks, security clearances and federal employment law.
At issue is a memorandum of understanding under which a president — or in this case, an incoming one — submits requests for name and background checks and the FBI commits to flagging to the White House any adverse information uncovered during the process.
But that document has not yet been signed, with the Trump transition team relying instead on internal campaign aides, allied groups and law firms on the outside to support the personnel effort. Trump for years has regarded FBI leadership with suspicion, in part because of the Russian election interference investigation that shadowed his first term and more recently because of FBI investigations into his hoarding of classified documents and his efforts to undo the results of the 2020 election that led to his indictment last year.
A Justice Department spokesperson said Wednesday that discussions were ongoing with the Trump transition team about signing the memo.
In a statement last week, the department said it was “committed to ensuring an orderly and effective transition” to the next administration.
“We are prepared to deliver briefings to the transition team on our operations and responsibilities, and we stand ready to process requests for security clearances for those who will need access to national security information,” the statement said.
For those appointees whose jobs involve a security clearance, a background check would be required. But once Trump takes office on Jan. 20, 2025, he could simply order that people be given a security clearance, as he was reported to have done for son-in-law Jared Kushner during his first term.
“The president is the head of the personnel security system,” Meyer said. “The director of national intelligence is his executive agent for that. The president could issue an executive order and he could change the security system in two seconds. It's all his.”
Lawmakers are complaining about what they see as insufficient screening of the picks they're being asked to consider. Two Democratic House members, Don Beyer of Virginia and Ted Lieu of California, introduced a bill Tuesday that would codify the FBI's role in the background check process for political appointees of the president.
The issue is of particular relevance given the eyebrow-raising backgrounds of some of Trump's picks.
Trump's choice for attorney general, former Florida Rep Matt Gaetz, faced a Justice Department sex trafficking investigation into allegations involving underage girls that ended with no federal charges against him. There was also a House Ethics inquiry into whether Gaetz engaged in sexual misconduct and illicit drug use, accepted improper gifts and sought to obstruct government investigations of his conduct — allegations that he denies.
Pete Hegseth, picked for the role of defense secretary, was accused of sexual assault in 2017 after a speaking appearance at a Republican women’s event in Monterey, California, but was not charged after a police investigation.
His lawyer, Timothy Parlatore, described the sexual encounter as consensual and confirmed that Hegseth paid the woman a sum as part of a confidential settlement. Hegseth did so to head off a threatened lawsuit, according to Parlatore, who said his client was the victim of "blackmail."
Democrats are signaling their interest in rigorous exploration of potential problem areas.
"If there’s a cursory background check, like we call 20 people — that’s not going to be appropriate,” said Rhode Island Sen Jack Reed, the current chairman of the Senate Armed Services Committee. He will be the committee's top Democrat next year, as Republican regain the majority, when it takes up Hegseth's nomination.
The selection of former Democratic Rep Tulsi Gabbard for 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.”
Associated Press writers David Klepper, Lisa Mascaro and Alanna Durkin Richer contributed to this report.
© Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
61 Comments
Underworld
Another case of Trump doing what is best for him personally but bad for the country.
nishikat
Hey Trump people: What do you think of Matt Gaetz?
Yrral
They got samples of Hagseth Semen in a rape kit perform at the hospital,where the woman was treated for assault ,she had bruises on her thigh,they payments of 10000 dollars that Gaetz paid to women and have an eyewitness accounts of Gaetz having sex with an underage girl
Yrral
Are convicted Felon allowed a security clearance like Trump
nishikat
They are not "allowed", they are elected. Trump people could have elected Ted Bundy if he hadn't been given the chair and serving a life sentence instead. It's the Trump standard.
N. Knight
When the QAnon and the Maga lunatics were screaming "bring the pedophiles to justice", it now seems they were talking about Gaetz as Attorney General.
Blacklabel
…and any and all Democrat narratives and lawfare.
shady:
Mr Kipling
Hello.... The US elected Trump! They obviously don't care about a few sexual assaults here and there.
The people have spoken, time to move on, anything goes now.
Blacklabel
The fact that Democrats can’t seem to get their hands on any actual materials to leak to the media is just killing them deep inside.
Trump was elected by the person, he gets his Cabinet and his agenda.
stormcrow
Trump's first time around, he actually made some excellent cabinet choices. Not this time. He's making some really crappy choices this time around, and that doesn't bode well for what to expect in the next 4 years..
Blacklabel
3 year investigation, nothing credible found that would lead to charges.
“That DOJ investigation was closed with no charges being brought,” Hostin concluded.”
moving right along.
JJE
Time to restore public decency and allow the president-elect his cabinet.
Wholesale (and real) change is coming to DC this time - democrats should applaud.
bass4funk
Allowing 10 illegals is? Forcing people to buy EV is? Not allowing police and border patrol agents to do their job is? Prioritizing other nations over ours is?
Some dude
I still think this second term is going to be a hot mess, as the Americans like to say, but seen from another perspective, if they were really worried about what Trump was going to do, they could have sucked up their pride and voted for (the horror) a non-white woman.
But no, that was a step too far and clearly the experiment with choosing non-white leader began and ended with Obaba, so they chose the man with a string of bankruptcies and a criminal record. Now they can hardly complain when he decides to wreak havoc.
The US voters made their bed and now have to lie in it.
Some dude
Obama, sorry.
Peter Neil
the electoral college spoke.
bass4funk
Oh, I doubt that very much.
True
No, it was because she was a God-awful candidate and that’s not an over-statement
Yup?
He didn’t in his first term, most minorities don’t think so, that’s why they voted for him again
Eeeexactly!! lol
Underworld
Blacklabel
https://nypost.com/2024/11/20/entertainment/the-view-co-host-sunny-hostin-forced-to-read-out-awkward-memo-after-trashing-matt-gaetz/
So let’s look at the house ethics committee report. That should have some dirt!
Some dude
All I have to say on that is "Covid", but then again you probably think that was something that some mad liberal scientist concocted in his woke underground lab to make Trump look bad, so.
bass4funk
Before that.
No, China.
dagon
And perfect timing! Ramaswamy and Musk want to shut down the FBI.
https://www.google.com/amp/s/m.economictimes.com/news/international/us/shut-it-down-vivek-ramaswamy-wants-to-close-fbi-and-sack-1-5-million-employees-under-trumps-new-cost-cutting-department-doge/amp_articleshow/115318235.cms
Trump's collection of predators and oligarchs are going to be ecstatic and getting what they paid for
bass4funk
I hope so.
Alleged
Democrats??
Yes, that’s right.
I feel the same about your hatred of the guy.
Blacklabel
”dirt” meaning false and unsubstantiated allegations for the media to use to smear him?
the 3 year criminal investigation by the DOJ found nothing credible/no criminal activity.
if this is to be released, ALL should be released. Including all those secret records of sexual harassment payments by Congress.
JJE
Exactly. They should release ALL the investigations into each and every member of congress and not just cherry pick.
Underworld
Blacklabel
So let’s look at the house ethics committee report. That should have some dirt!
Nope. I’m talking about the house ethics committee report. It stands on its own.
I agree. Anyone nominated for cabinet positions should have sufficient investigation.
Blacklabel
The left seems to have memory holed the actual criminal activity where Gaetz was the victim:
Blacklabel
it exists to decide if someone should be on committees in the House or be put to a vote to be expelled, it’s not a criminal level investigation. That one by the DOJ was dropped after 3 years with zero charges.
Gaetz isn’t a member of the House.
not just those people. As that is ripe for partisan abuse. ALL ethics reports should be released in full if one is.
Underworld
Blacklabel
Nope. I’m talking about the house ethics committee report. It stands on its own.
It will serve as an excellent guide for senators to decide on whether to confirm Gaetz as the top cop.
I agree. Anyone nominated for cabinet positions should have sufficient investigation.
Yup.
Underworld
Blacklabel
I have no problem with Trump picking his cabinet. And the Senate to confirm the picks with all due diligence. As is standard.
patkim
Everyone knows that Trump is making his picks based on how much they will kiss his behind and pander to his every needs; and not on any real solid experience and qualifications.
Blacklabel
or to use recess appointments as Bush, Clinton and Obama did.
and as the Constitution allows.
so Democrats can’t slow walk it until the next election.
funkymofo
Trump's nomination for Secretary of Education, Linda McMahon had to resign from another education board after she falsely claimed to have a degree in education.
ok1517
No background checks for Donald's government representatives?
Figures, because it would be so disgusting to see the results:
Susie Wiles - received "hush money" after having been subpoenaed in the Trump investigation
Marco Rubio - denying abortion even in case of rape or incest
Matt Gaetz - accused of child sex trafficking and statutory rape
Robert F. Kennedy jr. - anti-vaccine activist
Pete Hegseth - paid a woman who accused him of sexual assault in order to prevent her from filing a lawsuit
Donald Trump jr - rubbing some white stuff on his gums while on TV
and the list continues.
Oh, and by the way, did anyone see that great diversity?
The only (prevailing) color I see is white.
Peter Neil
now rfk jr.’s babysitter says he sexually assaulted her.
he and gaetz’s stock just went up with trump, i guess. birds of a feather thing.
Blacklabel
Did any Democrat vote against any of Biden’s 21 cabinet nominees?
if not then why should Republicans not do the same?
Underworld
Blacklabel
Well, Biden didn’t nominate any sex traffickers.
Blacklabel
who has been indicted or convicted of that?
who even has an active criminal case?
no one, right?
ok1517
black,
defending Donald and his MAGA team all the way?
"Did any Democrat vote against any of Biden’s 21 cabinet nominees?
if not then why should Republicans not do the same?"
I mean fact is that Donald did pick rapists, cheaters, unqualified, rear-end kissing, all white members.
Did I mention that R.F.Kennedy junior's wife committed suicide after she found out what her husband was doing (cheating on her with at list two dozens of others, as prescribed in his own diary)?
Did I mention that Linda McMahon is accused (and most definitely will be convicted) of enabling a man sexually abusing children?
Did I mention that 50% of President Biden's cabinet members were non-white?
Did I mention that 46% of President Biden's cabinet members were female?
Now, how about Donald's cabinet in the making??
Some dude
now rfk jr.’s babysitter says he sexually assaulted her.
Arguably counterproductive if the aim is to damage him, as this will in fact improve his image with republicans that much more.
Underworld
Blacklabel
LOLZ we all know who we are talking about.
The house ethics committee report will be most illuminating.
Cephus
"Lawmakers concerned about background checks of Trump's cabinet picks as red flags surface."
People need to realize that, if the guys picked for the cabinet have things like global reentry that means their names were already cleared by the FBI and other relevant bodies. Therefore, let's cut the hogwash and support DJT in Making America Great Again the greatest ever come back in American history.
Peter Neil
wait, didn’t tulsi said she’s on the no fly list?
Blacklabel
we don’t do “identity politics”. Non leftists don’t see gender or skin color when we engage with others or make choices.
that’s what cost your team the election, by the way.
Peter Neil
BlacklabelToday 10:27 am JST
uh… trump?
Blacklabel
do we? No one I am aware of has been indicted, convicted or has an open criminal case
i do know nearly every single nominee suddenly has some type of name calling or allegation from sore losers of an election trying to obstruct the will of the people.
but hey, muh democracy! We won, you did not.
Blacklabel
And he won the popular vote. The people adjudicated that nonsense at the ballot box. And will be thrown out like all the other failed political lawfare.
So Among the Cabinet picks, are there any?
focus.
Ken
Preach bro! As much as they will try to tell you that it isn't about race or gender, it most definitely is. They'd rather die than give up their racist and sexist opinions and judgements
ok1517
black,
"we don’t do “identity politics”. Non leftists don’t see gender or skin color when we engage with others or make choices."
that’s what cost your team the election, by the way.
yeah, sure, I only consider it KKK Ver 2.0 in the making!
Oh, and by the way, who is "WE"?
Right, I forgot "YOU" are not woke.
Underworld
Blacklabel
LOLZ we all know who we are talking about.
That’s because being indicted, convicted or has an open criminal case is irrelevant. If they are suitable for the role and of good character is what matters.
bass4funk
You didn’t have that with Biden as well and even the ones that were woke and questionable, they still got through
Figures, because it would be so disgusting to see the results:
Eric Holder defied a subpoena from Congress
AOC thinks there should be no limits to abortion
Accused is right.
Vaccines are not for everyone
More allegations
Hunter Biden….
Yes, so I’m not sure what the left is trying to do because they don’t hold the moral high ground on any of this
For libs, they only see color and rice as a criteria to do a job, forget talent, skill and merit, just focus on the race and DEI that’s the only thing the left cares about.
TaiwanIsNotChina
Yeah, the Senate will vote on Tulsi Gabbard without a background check. This makes sense to the MAGA because they consider the American people their enemy.
Underworld
bass4funk
Not at all. We want talent, skill, merit and diversity. Makes sense.
BB
Lutnick is wrong about tariffs but at least he's been successful in finance. Rubio isn't a disaster. But Gaetz, Hegseth and Gabbard clearly would be disastrous. One business trip, and Hegseth would be blackmailed over the extracurricular photos.
bass4funk
He was a comedian, relax
ok1517
bass,
maybe you want to tell me more on this one:
".....forget talent, skill and merit,..."
Talent - what kind of? Extorting money, cheating, going bankrupt??
Skill - what kind of? Grabbing, being disrespectful & arrogant, inability to handle criticism?
Merit - if you want to describe it with these here I agree (oooops, sorry, the opposite):
weakness, worthlessness, failing, shortcoming and so on.
BB
And then this:
Republicans on the House Ethics Committee voted Wednesday to keep confidential its findings on the sexual misconduct probe into Matt Gaetz, President-elect Donald Trump’s pick for attorney general.
Right. Just hide it. If you hide the truth, maybe it will go away!
bass4funk
The Dems have any?
More baseless allegations
He just selected the best, that’s why the left are having a meltdown
Which is why the Dems lost, exactly.
nishikat
Attention Trump people living in Japan: abortion (including late term) is legal in Japan.
bass4funk
I’m not in government, so it doesn’t matter
Go back to the first part
Ken
You don't need to be in the government to care about the health and safety of people unrelated to you. Have you ever donated anything to people who needed something? And no donations to ICE putting immigrants in cages or donations to Maga don't count
bass4funk
I do
Yes
I have family that work in law enforcement, that do support the removal of illegal Aliens.