Trump's Controversy Over FBI Background Checks for Nominees Sparks Debate

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ICARO Media Group
Politics
29/11/2024 16h11

### Trump Declines FBI Background Checks for Nominees, Raising Concerns

President-elect Donald Trump has decided against following the traditional procedure of allowing the Federal Bureau of Investigation (FBI) to conduct background checks on his nominees for key government positions. This deviation from established practices has stirred a debate about the implications and effectiveness of the internal vetting processes employed by Trump's transition team.

Although FBI background checks are not mandated by law, they have been a customary part of the nomination process for decades, dating back to President Dwight Eisenhower's administration. These checks are designed to flag any serious issues such as criminal activity, financial problems, or other vulnerabilities that could undermine a nominee’s ability to perform their duties. Furthermore, they serve as the foundation for the security clearances required by national security officials.

The concern stems from the fact that Trump and his team have not signed the necessary documents that would authorize the FBI to carry out these checks. Instead, the transition team plans to rely on internal vetting and investigations by law firms and allied groups. However, experts argue that the FBI is better equipped for this task due to their extensive training and resources.

Interestingly, Trump has indicated that he may request the FBI background checks once his appointees are in place at the Department of Justice, which oversees the FBI. This approach has been reported by the Guardian, suggesting that the checks might only take place after Trump's administration gains control of the relevant agencies.

From an operational standpoint, the background check process involves the incoming administration agreeing with the Department of Justice on the types of information needed about their nominees. Nominees are usually expected to complete detailed forms, especially those related to national security. During the investigation, the FBI can interview nominees and their associates, but cannot collect documents or compel testimony.

Once completed, the findings are submitted to the president-elect, who then decides whether to forward the nomination to the Senate or withdraw it. High-level positions, such as Cabinet members, undergo additional scrutiny by relevant Senate committees, which may conduct their own investigations.

Historically, no president-elect in recent memory has bypassed this procedure. Trump's decision has puzzled many, given his noted skepticism towards the FBI, particularly after the bureau's investigations into his conduct post-2021 and the January 6 insurrection.

The Biden administration has indicated progress in reaching agreements with Trump's team, but details remain sparse. The Justice Department has emphasized its readiness to process security clearances once requests are made.

Meanwhile, Congressional members have introduced legislation to make FBI background checks a legal requirement for all nominees, but this bill has not been passed yet.

Without FBI checks, Senate committees will have to conduct their own investigations, which may not always be public. Media reports could also reveal potential red flags, as has been the case with previous nominees.

Confirmation hearings are expected to begin before Inauguration Day on January 20, 2025, but the absence of FBI reports could complicate the process.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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