Lawmakers concerned about background checks on Trump’s picks

“There are very real security liabilities if you don’t get this right,” said Dan Meyer, a Washington attorney at the law firm Tully Rinckey who specializes in background checks, security clearances and federal employment law.

It involves a memorandum of understanding whereby a president – ​​or in this case a new president – ​​submits requests for name and background checks and the FBI commits to reviewing any negative information uncovered during the process , to report to the White House.

But that document has not yet been signed, and Trump’s transition team is instead relying on internal campaign staff, allied groups and outside law firms to support the staffing effort. Trump has viewed the FBI’s leadership with suspicion for years, in part because of the investigation into Russian election interference that overshadowed his first term and more recently because of FBI investigations into his hoarding of classified documents and his efforts to overturn the outcome of the election. Undo 2020. upon his indictment last year.

A Justice Department spokesperson said Wednesday that discussions were underway with Trump’s transition team about signing the memo.

Last week, the department said in a statement that it was “committed to an orderly and effective transition” to the next administration.

“We are prepared to provide briefings to the transition team on our activities and responsibilities, and we stand ready to process security clearance requests for those who need access to national security information,” the statement said.

For those appointees whose positions entail security clearance, a background check would be required. But once Trump takes office on January 20, 2025, he can simply order people to get security clearances, as he reportedly did 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 change the security system in two seconds. It’s all his.”

Lawmakers complain about what they see as inadequate screening of the choices they are 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 background checks on the president’s political appointees.

The issue is of particular importance given the eyebrow-raising backgrounds of some of Trump’s choices.

Trump’s pick 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 investigation into whether Gaetz engaged in sexual misconduct and illegal drug use, accepted inappropriate gifts and tried to obstruct government investigations into his conduct — allegations he denies.

Pete Hegseth, handpicked 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 attorney, 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 this to avert a threatened lawsuit, according to Parlatore, who said his client was the victim of “blackmail.”

The Democrats are expressing their interest in a rigorous exploration of potential problem areas.

“If there’s a cursory background check like we’re calling 20 people, that’s not going to be appropriate,” said Sen. Jack Reed of Rhode Island, the current chairman of the Senate Armed Services Committee. He will be the committee’s top Democrat next year. while the Republicans regain the majority when they take Hegseth’s nomination.

The selection of former Democratic Rep. Tulsi Gabbard as director of national intelligence has alarmed US intelligence analysts who point to her past criticism of Ukraine, comments supporting Russia and secret meetings with Syrian President Bashar Assad, a close ally of Russia and Iran. .

The Senate has a responsibility to closely investigate Gabbard and should not approve the confirmation just because Republicans feel 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, Robert Kennedy or Tulsi Gabbard will be remembered by history as someone who completely abdicated his 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.