Trump transition approves FBI background checks for new staff members
The DOJ's long-anticipated agreement with the transition team allows the FBI to initiate background checks on Trump's Cabinet selections.
The signing of the memorandum of understanding was delayed for several weeks, which hindered the FBI from performing background checks on any of President-elect Donald Trump’s Cabinet nominees announced to date, as well as from processing security clearances for officials in the Trump transition team.
Some commentators have indicated that earlier completion of these checks might have helped avoid controversies surrounding nominees like Trump's Defense Secretary choice, Fox News personality Pete Hegseth, and led to the withdrawal of his attorney general nominee, former Rep. Matt Gaetz.
Recently, a number of senators from both parties have called for comprehensive vetting of Trump's selections, with one GOP senator predicting on Monday that the stalemate regarding the memorandum would be resolved “in the next few days.”
“This agreement with the Department of Justice will ensure President Trump and his team are ready on Day 1 to begin enacting the America First Agenda that an overwhelming majority of our nation supported on Election Day,” remarked incoming White House Chief of Staff Susie Wiles in the statement.
The Justice Department did not respond immediately to a request for comment. However, a spokesperson for the agency mentioned last week that officials were prepared to start processing clearance requests for staff who will require access to briefing materials and national security information.
In addition, Trump’s team signed a distinct agreement last week — also much later than prior administrations — with the White House, which allows the incoming administration to access federal agencies. Nevertheless, they have opted against signing a third standard transition memo with the General Services Administration, which would have provided the Trump transition with federal funding, office space, and cybersecurity support in exchange for an ethics and transparency commitment.
The announcement of the DOJ agreement received positive feedback from Republican senators.
“I think that’s good –– it’ll save them some headache,” commented Sen. Kevin Cramer. “And it’ll give the public and senators a little comfort, I think, so I’m glad to hear that.”
Despite this, the multi-week delay in finalizing the agreement could potentially prolong the confirmation process for the incoming Cabinet and prevent some officials from starting their roles immediately after Inauguration Day if their clearances are not processed timely. Although the Trump transition team has had access to federal agencies over the past week, their members have been unable to review any classified information due to the absence of a memorandum with the DOJ.
Trump has historically had a strained relationship with the Justice Department and the FBI, a situation that escalated due to the bureau’s investigation into Russian interference in the 2016 election. His distrust intensified further after facing charges in two federal criminal cases concerning his efforts to maintain power following his 2020 defeat and the retention of classified documents after leaving the White House.
However, the recent memorandum indicates a potential shift in the Trump team’s relationship with the department. It also suggests that his nominees will undergo thorough investigations carried out by federal law enforcement, the findings of which will be presented to the Senate during the confirmation processes.
Government watchdogs argue that background checks should ideally be executed prior to Cabinet nominations to help uncover any legal or financial issues that may later obstruct a nomination. They stress that such checks must occur before senators cast their votes on confirmations, using the recent complications surrounding Gaetz’s nomination and worries raised about Hegseth as examples.
“Besides the horrific attacks on individual women, you have a guy who was running an organization of about a dozen staff and a few million dollars, and he ran it into the ground,” stated Robert Weissman, co-president of Public Citizen, referring to a recent whistleblower report concerning Hegseth’s management at a veterans’ advocacy group. “That's not a good qualification for running an $850 billion agency with a million employees. This is why the Senate needs to have a full picture of somebody's past before they confirm.”
Ian Smith contributed to this report for TROIB News