President-elect Donald Trump鈥檚 stunning announcement on Saturday night that he will nominate sets the stage for a fresh round of turbulence at a law enforcement agency tasked with protecting the homeland and investigating federal crimes.
Patel, with plans to shake up the institution he鈥檚 been tapped to lead, is a study in contrasts from the current tight-lipped director who preaches a 鈥渒eep calm and tackle hard鈥� mantra.
In selecting Patel over more conventional contenders, Trump is again testing his ability to get the Senate to bend to his will by confirming some of his more provocative nominees.
What happens to the current FBI director?
was appointed director by Trump in 2017 and technically has three years left on his 10-year tenure.
That length of time is meant to ensure that directors of the nation鈥檚 most prominent federal law enforcement agency can operate free from political influence or pressure. Presidents have typically but not always retained the director who was in place at the time they took office, as President Joe Biden has done with Wray.
But it鈥檚 also the case that all FBI directors serve at the pleasure of the president; indeed, Wray was nominated after Trump fired the FBI chief he鈥檇 inherited when he took office, James Comey.
The announcement means that Wray can either resign from the job, consistent with Trump鈥檚 apparent wishes, or wait to be fired once Trump takes office in January. Either way, the selection of a successor is a clear indication that Wray鈥檚 days are numbered. Should Wray leave before Patel can be confirmed, the position of acting director would presumably be filled in the interim by the FBI鈥檚 current deputy director.
Can Patel be confirmed by the Senate?
Republicans may have won control of the Senate, but his confirmation is not assured.
There are no doubt lawmakers who support Trump鈥檚 desire for a radically overhauled FBI, particularly following federal investigations that resulted in two separate indictments against the president-elect, and who share his sentiment that federal law enforcement has been 鈥渨eaponized鈥� against conservatives.
But Patel is likely to face deep skepticism during his confirmation hearings over his stated plans to rid the government of 鈥渃onspirators鈥� against Trump, and his claims that he would shut down the FBI鈥檚 Pennsylvania Avenue headquarters in the nation's capital and send the thousands of employees who work there to 鈥渃hase down criminals鈥� across the country.
And while Trump may have wanted a loyalist willing to pursue retribution against his perceived adversaries, that perspective is likely to give pause to senators who believe that the FBI and Justice Department should operate free of political influence and not be tasked with carrying out a president鈥檚 personal agenda.
Foreshadowing the potentially bruising confirmation fight ahead, Sen. Chris Coons, a Delaware Democrat, wrote on social media late Saturday: 鈥淜ash Patel will be another test of the Senate鈥檚 power of advice and consent. Patel needs to prove to the Senate Judiciary Committee that he has the right qualifications and, despite his past statements, will put our nation鈥檚 public safety over a political agenda focused on retribution.鈥�
Trump has also raised the prospect of to push his nominees through the Senate.
If Patel is confirmed, can he actually do what he鈥檚 said he鈥檒l do?
Patel has made a series of brash claims about his plans for the federal government, but most of those proposals would require backing and buy-in from other officials and would almost certainly encounter significant resistance. His claim that he would reduce the FBI鈥檚 footprint and authority stands in contrast to the tack traditionally taken by leaders of the bureau, who invariably say they want more resources 鈥� not less.
He鈥檚 talked about trying to rid the government of 鈥渃onspirators鈥� against Trump and of going 鈥渁fter the people in the media who lied about American citizens who helped Joe Biden rig presidential elections,鈥� whether criminally or civilly.
Under the FBI鈥檚 own guidelines, criminal investigations can鈥檛 be rooted in arbitrary or groundless speculation but instead must have an authorized purpose to detect or interrupt criminal activity. And while the FBI conducts investigations, the responsibility of filing federal charges, or bringing a lawsuit on behalf of the federal government, falls to the Justice Department. Trump last week said he intended to nominate former Florida attorney general to serve as attorney general.
Patel鈥檚 proposed crackdown on leaks of information by government officials to the media is an indication that he wants the Justice Department to undo its current policy prohibiting the secret seizure of reporters鈥� phone records in leak investigations. That policy was implemented by Attorney General Merrick Garland following an uproar over the revelation that federal prosecutors had obtained subpoenas for journalists鈥� phone records.
Patel has talked about disentangling the FBI鈥檚 intelligence-gathering operations 鈥� now a core function of the bureau鈥檚 mandate 鈥� from the rest of its operations. It鈥檚 unclear whether he intends to carry through on that pledge or how it would be greeted at a time when the U.S. is facing what officials say is a heightened threat of terrorism.
He also says he wants to close down the FBI鈥檚 storied Pennsylvania Avenue headquarters and send the employees who work there across the country. It鈥檚 not clear if that鈥檚 a hyperbolic claim simply reflecting disdain for the 鈥渄eep state鈥� or something he鈥檇 actually try to implement, but how that would look in practice remains a big question mark.
Eric Tucker, The Associated Press
