The Director of the Federal Bureau of Investigation announced today that he will resign from the bureau in advance of Donald Trump taking office on January 20.
I was just watching America at a Crossroads | David Frum with Larry Mantle and David Frum indicates that Wray's resignation potentially prevents Trump from making Patel the FBI director via a recess appointment since he is not currently a government employee. I have not confirmed David Frum's statement but there may well be (and probably is) a method to the madness.
You and Frum could be right, but the optics are bad bad bad. Obeying in advance, whatever the reasons and regardless of nuance, makes Trump look more powerful than he is. Of course, millions of Americans have never heard of Christopher Wray and couldn't care less. Until Trump and right-wing bloviators tell them to care.
I am with you, LaurieOregon. Trump isn't really the strongman that he projects himself to be and he can be successfully opposed and proven not to have the chops that a real strongman can wield. But to oppose Trump one must have a spine, a certain amount of grit and determination. Wray's spine has been surgically replaced by an over-cooked strand of angel hair spaghetti.
I think Wray should have made Trump use up some political rope and fire him although he (Wray) has done nothing wrong and he was Trump's appointment in the first place. I don't think there is any reason to suppose that the Republican majority Senate will not bend the knee and approve Trump's picks. Especially with this new method of having Bannon and the execrable Charlie Kirk sic their most flammable MAGA listeners onto targeted (and election vulnerable) Senators.
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
Paula, thanks for sharing this. Since the Senate will be dominated by Republicans will this make a difference when it sounds like they will be sure to do whatever he wants.
It might just confuse things, when one is understanding and expecting the laws to be followed, but then they are not. My family was cleaved by the Berlin wall, and I remember hearing about life in the DDR and that is what I am preparing for now, only I live in Germany on the other side of the Berlin wall. The free side. However, I did read tonight that Elon Musk is messing with the German elections and helping the AfD. I hope Germany does to Musk what they did to Walmart!
I'm just thinking that an understanding of the law can help a person figure out how to exploit it if necessary. As for Musk, how can he be everywhere at once? He can't. We need to drive a stake through his shriveled little heart.
It feels, today, as if superstition is alll we have left. The rule of law is undermined, voting rights are undermined, separation of Church and State is undermined, and Homan, the new border Czar, is open to the idea of using vigilantes against migrants. Crossing fingers feels like our only recourse.
Trump may not be Hitler but he's sure copying his playbook in securing power. Putin's rise to power may be a better analogy, but either way, history tells us we're in for a long night.
On Wednesday, Christopher Wray told his F.B.I. colleagues that he would step down as director by the end of President Biden’s term. His statement was a perfect example of bureaucratic deference. “I’ve decided the right thing for the bureau is for me to serve until the end of the current administration in January and then step down,” Wray said. He wants to “avoid dragging the bureau deeper into the fray, while reinforcing the values and principles that are so important to how we do our work.”
But is something else going on?
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
In this case, that means the position would default to Paul Abbate, who has been the deputy director of the F.B.I. since 2021, unless Trump chooses someone else, and that “someone else” cannot be Patel, at least not right away.
The bottom line is that the Senate has to do its job. Wray is foreclosing a presidential appointment under the Vacancies Reform Act, and — as I wrote in a column last month — the Supreme Court has most likely foreclosed the use of a recess appointment to bypass the Senate.
So a resignation that at first blush looks like a capitulation (why didn’t he wait to be fired?) is actually an act of defiance. It narrows Trump’s options, and it places the Senate at center stage. In Federalist No. 76, Alexander Hamilton wrote that the advice and consent power was designed to be “an excellent check upon a spirit of favoritism in the president, and would tend greatly to prevent the appointment of unfit characters.”
Patel is just such an “unfit character,” and now it’s senators’ responsibility to protect the American republic from his malign influence — if, that is, they have the courage to do their jobs.
Thank you for posting this, bluesyfish. It's encouraging to think there's a positive strategy behind the resignation. Unfortunately, I imagine Trump and his attorneys will seek a way around the Vacancies Reform Act, once they manage to learn about it. Or they'll ignore it. We're entering the age of rule by the lawless.
If Trump can't avoid the necessity of his nominee's requiring Senate confirmation, then, as David French writes, "it places the Senate at center stage." Will enough Republicans stand up to the monster toddler to block Patel?
I am so tired of Republicans who kowtow to Trump when they are threatened with primaries -- so what? Stand for something and go down fighting -- it looks like Ernst is going to cave on Hegseth
It's really sad that first, senators are that desperate for a job, and a job where they don't make any difference in policies anyway, and second, that they don't trust their own voters to reward integrity. Why even have a Congress, although I suppose that will be the next Maga move anyway.
And my money is on Senator Collins being Lucy with the football, for the umpteenth time. "Oh, I asked him hard questions and haven't pledged my vote to him... yet. I want a lot of press coverage before I cave."
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
Hegseth scares me because of his personal habits and his incompetence. Kash Patel, by contrast, strikes me as truly evil—in the same mold as Stephen Miller. Patel has written a book telling us who he is going after. Much like Mein Kampf, we should probably take him at his word. But if there’s even the slightest glimmer of humor in this it’s Patel authoring two children’s books on how great Trump is.
If the David Frum video that Andrew Bermant mentions and the NYT opinion piece hold true, that Wray's resignation now keeps Patel out for now, then I would applaud him.
Capitulation in advance is giving authoritarians permission to continue the goals they are pursuing. If we want to preserve democracy in a form able to be reconstituted after this administration is finished trying to kill and bury it, then we must fight line by line, item by item. Wray's resignation may harbor an ulterior motive - let's hope so and that other officials follow the same path if applicable. I hope Biden's administration is actively digging for any roadblocks that can be put in t***p's path. Every action must be taken in an attempt to replace the unqualified nominations currently on the table.
No one knows Wray's motivation for departing. I respect his decision because he has served this nation honorably longer than most here who are questioning his decision. As brought up by others, it's possible Wray was made aware of the Vacancies Reform Act that excludes Kash Patel from avoiding the typical nomination process by being appointed during a recess. It's fair to ask how many here would subject themselves to Trump and MAGA harassment for one minute longer than they had to. Is easy to set in a safe place free from being harassed at a high level stressful position and tell other people what they should do. Says to me they never have been in a high-level position whether in the best or worst of times. There are no timeouts in those positions.
I respected his thorough investigations into the classified documents thefts by the president who selected him for the position. He was not seeking the limelight and stayed low key especially in his carefully conducted appearances before Congress. He is one of the appointees from the first trump administration who can leave his time in office with his reputation intact. You are correct; there is no downtime in a position of that caliber.
Agree, DIR Wray signed off on the search at Mar-A-Lago. He did the right thing for the right reasons. He did the same with the Ru-Ru investigation findings. DIR Wray deserves much respect for keeping the FBI focused after Coomey was terminated.
Want to reiterate the no downtime take. Far too many see an org as a pyramid with the person in charge at the top. While true, when it comes to responsibilities the pyramid is inverted, that is to say the weight of the entire org rests on the person in charge.
Some can try to deflect and dodge by blaming others or whatever the excuse du jour happens to be yet it never changes the where the responsibility rests.
Been critical of the Wray FBI being slow to pick up on the yellow and red flags post-elx2020. See it in the same category as pre-911 thinking of it can't happen here.
6Jan did happen on DIR Wray watch. FBI analysts may have sounded warnings that were dismissed by management and leadership. If the analysts didn't see the buildup, then they failed at their profession. In iithah case, DIR Wray shoulders the responsibility. A good DIR shoulda' taken it, then fixed it, then resigned.
Resignation is another aspect so many get wrong. There is far more to it than walking away, especially in high-profile positions. DIR Wray is 58 yrs old. To some 58 sounds young. It;s not when considering when hoomans peak. While there is a grey area of time when some can compensate for the ravages of time, that period is much shorter than folks care to admit. High-stress, high-responsibility, high-profile positions age one faster. It's not exclusive to Presidents/CinCs. And that includes the 2nd and 3rd order effect on spouses and children, one's own mental, physical, and emotional. and spiritual health.
Already see Jason Crow from Colorado as one of the likely faces and leaders of the next GEN to emerge during Trump Adm. Point being, am more focused on building the future than reacting to today, tomorrow, or the day after. Works well in life or death situations few beyond those.
I agree with your estimation of Jason Crow. He is a strong voice for veterans and moderate stances. I am anxious for the boomer generation to retire from public life, especially Congress, and let the Jason Crow's re-shape the public conversation. I am frustrated that the Dem leadership were all re-appointed despite advanced age and their proclivity to inculcation of the status quo.
I have always been alarmed at the several justice departments' lack of recognizing the right wing extremism and the rhetoric as dangerous domestic terrorism. I found this George Washington University pdf of a program on Extremism by historian Dr. Mark Pitcavage to be very enlightening: Surveying the Landscape of the American Far Right at gwu.edu.
I feel we have all been complacent in failing to take seriously the threat of right wing extremism and authoritarianism for a long time. Democracy is not guaranteed and must be nourished, respected and defended to endure: a republic if you can keep it.
DIR Wray is a Yale Law graduate, clerked for Michael Luttig and has a net worth of an estimated forty million. Between 1/2016 and 7/2017 he earned over nine million as a litigation partner at the law firm of King and Spaulding. I suspect he would be welcomed back after his government appointment which probably only elevated his cred. I do agree, though, that resignation can be as stressful as transversing the minefields of a high profile position. As a high-powered attorney that should not be unfamiliar.
Any reasonable person reading this whole article would agree 100% but so many republicans especially in Congress are not reasonable people, that take hard facts and solid evidence and twist them into something else entirely to make it sound as if Trump is a paragon of virtue and was being persecuted unfairly to prevent him from becoming president again. Then to ensure further protection from the law the Supreme court gave hm 99% immunity.
If we don't get some correction soon in some form or another the rule of law will become worthless, if it hasn't already. I keep wondering how all the attorneys in practice feel about what they are witnessing as they watch their profession go down the shitter and their day in court representing someone or some cause becomes a travesty. It will happen to every one of them if this continues until anarchy rules and society collapses. Sorry I'm so dark, but does anyone see any light here?
How much are those attorneys responding, perhaps unconsciously, to a SCOTUS that has steered increasingly off-course in recent decades? Now the ship of state has gone aground. While the maydays are earsplitting, the people turn a deaf ear. PoliticalWire reported Wednesday that "A new CNN poll finds most Americans 'expect President-elect Donald Trump to do a good job upon his return to the White House next month (54%) and a majority approves of how he’s handling the presidential transition so far (55%).' ”
The American people, well at least to the extent that any are paying any attention, are going to be in for a big shock when they see what the "good job" they expect entails.
I can't imagine how the Merdoch et al. media will explain the chaos that's inevitable after these marauders start trying to run agencies. Blaming Dems will grow stale.
Agree. While elections do have consequences it's impossible to end all elections at the national, state, and local level w/o suspending the US and state constitutions, silencing America's press, and imposing martial law.
The Murdoch media empire will have its work cut out for it during the first two years of the new administration. It is far better at attacking than it is at defending.
History teaches that when there is a wide disparity in power, the opposition abandons traditional methods and develops new ones, arising from fresh faces. Furthermore, niithah Trump et al nor the Murdoch media empire have any control over all events or control over the unintended consequences of their actions or lack thereof.
Seeding doom and gloom amounts to raising of a white surrender flag large enough to block out the light.
I expect this next administration will quickly lose control of the narrative of their actions/policies. No one nominated so far has the qualifications or experience required for the positions they are to fulfill. Nearly all, 11 I read last, are billionaires, most of whom are CEOs, business owners or high ranking corporate officials. As such, they are not used to being defied, questioned, or held solely responsible for low-level 'guano occurs' results of strategies implemented - that's what middle managers are for.
The future Communications Director is Steven Cheung, the pugilistic UFC employee who vociferously crosses lines to defend his boss - most publicly at the Arlington National Cemetery fracas where he promised to release video of the confrontation and did not follow through. These appointees are apt to be thin-skinned if criticized and will lose credibility when the public is exposed to displays of their temperaments and attitudes. All the more reason to exhaustively cover what will decidedly be extremist.
Right now Trump et al own the narrative due to one simple, yet highly effective maneuver, announcing Cabinet and other positions far faster and earlier than an administration ever has. While it's fair to focus on the quality one must also consider the effect of the rollout on the public, the press, and inside the US govt.
Some want to label it as flooding the zone while ignoring there is no such law or requirement that the rollout be at a certain pace. Holding on to norms or traditions w/o first asking are those norms and traditions suited to a 21st-C world and society are valid. Nor do they even attempt to make an affirmative case for those traditions and norms. Most of all, fail to grasp some traditions and norms are not a positive, rather they are holding on to the status quo while the world and people move forward. Said another way, that's the way we've always done X is not the defense people make it out to be. And factually, it's not the case at all.
In the US style of government, the Senate determines 100 different versions of qualifications for office holders requiring Senate approval. Then it takes a majority to decide whether a nominee is qualified or not. The US Senate has never published the qualifications for any office holder beyond what is found or not found in the 2nd US Constitution.
While the press and public have free speech guarantees under #1A, there is no power or authority that comes with that right. None. Zero. Zilch. Nada. Sometimes it's worth reminding both parties of that fact.
So, when I hear or read someone talk about how Pres.X or PartyY is out to destroy the Constitution or words to that effect it's worth reminding them the final word on whether that is true is SCOTUS. Nobody else.
In the US chosen form of government, all else is noise. That ain't a norm or tradition. It's reality. Worth repeating Congress added speech rights but they never added power or authority to those rights. The sole power given the public is the vote. That too comes w/caveats. As does a free press.
This entire missive is about the status quo and its reality.
The problem is the same one this nation had since the 2nd Constitution was ratified of it falling far short, is highly flawed, and is extremely difficult to amend to keep pace with the times. So difficult, a large segment of folk have rationalized the late 1790s are the only way to read and interpret it. That too has become a norm and tradition which is a euphemism for even if it's wrong, it's right.
Saying it again, the return of Trump is a gift if accepted for all that's its worth. US and its people had a long history of properly responding to crisis situations up until 911. Don't blow this one by wasting time and resources complaining. Acts>words. If La plume est plus forte que l'epee was true, it would be an Olympic event or reality teevee series, rather than a line written by a fiction writer. In fiction everything is possible.
Murdoch and his son, Lachlan, want to be the nation’s State TV station, however, Lachlan’s siblings are fighting against that. Rupert can leave Fox to Lachlan but his brother and sisters are insisting that real news is broadcasted especially after the elder father dies. It’s “Succession” being played out in real-time.
Life literally followed art in this instance. The legacy confusion plotline in 'Succession' persuaded the real Murdoch family to formalize their own unsettled succession.
The Nevada Probate court denied Murdoch's attempt to leave Lachlan solely in charge, but his father announced he will appeal. The other two siblings are less conservative than Lachlan and Murdoch wants to cement the station's political bent.
Three siblings in addition to Lachlan are involved, Prudence, the oldest, is apolitical, never has been involved with the Murdoch media. Her financial stake is the same as the others. Elizabeth is herself a media power but is not involved with the signature Murdoch media. The one who has been, esp the papers, is James, a full-fledged liberal married to an active liberal. James is the one Rupert and Lachlan want to thwart.
Encouraging to see that maybe Wray had some strategy in mind after all, maybe others in the FBI will also show some resolve. Most of the mindless "American people" will just see however that Wray quit due to pressure from their Great Leader and his constant whining that the FBI broke into his "beautiful home" and wreaked havoc in a lawless act.
Wray's resignation has made it impossible to do a recess appointment to Kash Patel as he has no experience in any department of government..per David French 's editorial in the New York Times. Patel must be approved by the Senate which is not a slam dunk in my humble opinion.
Wray violated the first cardinal rule from Prof. Timothy Snyder: "Do Not Obey In Advance." Sure, Wray would be fired by Trump once Trump takes office, but he would at least be there for more weeks to try to shore up the defenses against what Trump is going to unleash.
Why Trump was not arrested when they found all those classified documents at Mar-a-Largo is beyond me - anyone else would have been per-walked for all to see. The same should have been done to Trump. And it still should be.
Judge Chutkan, the federal trial Judge in Trump's Mar a Lago and insurrection cases is not required to dismiss those cases. Instead, she can order that no further proceedings will take place, effectively placing the cases on hold for the next four years. Jack Smith has made that possible by setting forth his entire case in motions that have already been filed with the court.
Trump's greatest fear, even more than losing all his money, is his fear of going to jail. Now he can wait in dread during the next four years, until his cases can be reset for trial.
I was just watching America at a Crossroads | David Frum with Larry Mantle and David Frum indicates that Wray's resignation potentially prevents Trump from making Patel the FBI director via a recess appointment since he is not currently a government employee. I have not confirmed David Frum's statement but there may well be (and probably is) a method to the madness.
You and Frum could be right, but the optics are bad bad bad. Obeying in advance, whatever the reasons and regardless of nuance, makes Trump look more powerful than he is. Of course, millions of Americans have never heard of Christopher Wray and couldn't care less. Until Trump and right-wing bloviators tell them to care.
I am with you, LaurieOregon. Trump isn't really the strongman that he projects himself to be and he can be successfully opposed and proven not to have the chops that a real strongman can wield. But to oppose Trump one must have a spine, a certain amount of grit and determination. Wray's spine has been surgically replaced by an over-cooked strand of angel hair spaghetti.
I think Wray should have made Trump use up some political rope and fire him although he (Wray) has done nothing wrong and he was Trump's appointment in the first place. I don't think there is any reason to suppose that the Republican majority Senate will not bend the knee and approve Trump's picks. Especially with this new method of having Bannon and the execrable Charlie Kirk sic their most flammable MAGA listeners onto targeted (and election vulnerable) Senators.
David French in the NYT explains it:
https://www.nytimes.com/live/2024/12/04/opinion/thepoint/chris-wray-fbi-trump-step-down?smid=nytcore-ios-share&referringSource=articleShare
Here's an excerpt:
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
Paula, thanks for sharing this. Since the Senate will be dominated by Republicans will this make a difference when it sounds like they will be sure to do whatever he wants.
I don't know, Linda. There are so many times recently that I wish I'd gone to law school.
It might just confuse things, when one is understanding and expecting the laws to be followed, but then they are not. My family was cleaved by the Berlin wall, and I remember hearing about life in the DDR and that is what I am preparing for now, only I live in Germany on the other side of the Berlin wall. The free side. However, I did read tonight that Elon Musk is messing with the German elections and helping the AfD. I hope Germany does to Musk what they did to Walmart!
I'm just thinking that an understanding of the law can help a person figure out how to exploit it if necessary. As for Musk, how can he be everywhere at once? He can't. We need to drive a stake through his shriveled little heart.
Absolutely
Thank you
Fingers crossed.
How sad it is that we have to cross our fingers to save ourselves.
It feels, today, as if superstition is alll we have left. The rule of law is undermined, voting rights are undermined, separation of Church and State is undermined, and Homan, the new border Czar, is open to the idea of using vigilantes against migrants. Crossing fingers feels like our only recourse.
Hope you are right!
Trump may not be Hitler but he's sure copying his playbook in securing power. Putin's rise to power may be a better analogy, but either way, history tells us we're in for a long night.
Actually, the resignation looks like a smart move:
https://www.nytimes.com/live/2024/12/04/opinion/thepoint/chris-wray-fbi-trump-step-down?smid=nytcore-ios-share&referringSource=articleShare
Arthur, please summarize this piece for us - it's behind a pay wall. Thank you.
Dec. 11, 2024, 4:34 p.m. ET5 hours ago
David FrenchOpinion Columnist
Did Christopher Wray Just Defy Donald Trump?
Image
A photograph of Christopher Wray.
Credit...Chris Kleponis/Agence France-Presse — Getty Images
On Wednesday, Christopher Wray told his F.B.I. colleagues that he would step down as director by the end of President Biden’s term. His statement was a perfect example of bureaucratic deference. “I’ve decided the right thing for the bureau is for me to serve until the end of the current administration in January and then step down,” Wray said. He wants to “avoid dragging the bureau deeper into the fray, while reinforcing the values and principles that are so important to how we do our work.”
But is something else going on?
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
In this case, that means the position would default to Paul Abbate, who has been the deputy director of the F.B.I. since 2021, unless Trump chooses someone else, and that “someone else” cannot be Patel, at least not right away.
The bottom line is that the Senate has to do its job. Wray is foreclosing a presidential appointment under the Vacancies Reform Act, and — as I wrote in a column last month — the Supreme Court has most likely foreclosed the use of a recess appointment to bypass the Senate.
So a resignation that at first blush looks like a capitulation (why didn’t he wait to be fired?) is actually an act of defiance. It narrows Trump’s options, and it places the Senate at center stage. In Federalist No. 76, Alexander Hamilton wrote that the advice and consent power was designed to be “an excellent check upon a spirit of favoritism in the president, and would tend greatly to prevent the appointment of unfit characters.”
Patel is just such an “unfit character,” and now it’s senators’ responsibility to protect the American republic from his malign influence — if, that is, they have the courage to do their jobs.
Thank you for posting this, bluesyfish. It's encouraging to think there's a positive strategy behind the resignation. Unfortunately, I imagine Trump and his attorneys will seek a way around the Vacancies Reform Act, once they manage to learn about it. Or they'll ignore it. We're entering the age of rule by the lawless.
I think it was Rachel Maddow who said "rule of law or law by the ruler...."
If Trump can't avoid the necessity of his nominee's requiring Senate confirmation, then, as David French writes, "it places the Senate at center stage." Will enough Republicans stand up to the monster toddler to block Patel?
I am so tired of Republicans who kowtow to Trump when they are threatened with primaries -- so what? Stand for something and go down fighting -- it looks like Ernst is going to cave on Hegseth
It's really sad that first, senators are that desperate for a job, and a job where they don't make any difference in policies anyway, and second, that they don't trust their own voters to reward integrity. Why even have a Congress, although I suppose that will be the next Maga move anyway.
They’re not desperate. They’re neo-Nazis waiting for their orders from Mein Führer.
Shows their priorities. Holding office is more important than integrity, principle, and the health of our republic. Pathetic
And my money is on Senator Collins being Lucy with the football, for the umpteenth time. "Oh, I asked him hard questions and haven't pledged my vote to him... yet. I want a lot of press coverage before I cave."
right?
Un-fucking-likely
Many local libraries provide free access to news behind pay walls using a library card. That's how I read the NYT, WaPo, WSJ, etc. these days.
Thank you
Laurie, here is an excerpt:
By stepping down now, as the conservative writer Erick Erickson observed, Wray has created a “legal obstacle to Trump trying to bypass the Senate confirmation process.”
Here’s why. According to the Vacancies Reform Act, if a vacancy occurs in a Senate-confirmed position, the president can temporarily replace that appointee (such as the F.B.I. director) only with a person who has already received Senate confirmation or with a person who’s served in a senior capacity in the agency (at the GS-15 pay scale) for at least 90 days in the year before the resignation.
Kash Patel, Donald Trump’s chosen successor at the F.B.I., meets neither of these criteria. He’s not in a Senate-confirmed position, and he’s not been a senior federal employee in the Department of Justice in the last year. That means he can’t walk into the job on Day 1. Trump will have to select someone else to lead the F.B.I. immediately, or the position will default to the “first assistant to the office.”
Wow, really interesting!
Might actually be
Hegseth scares me because of his personal habits and his incompetence. Kash Patel, by contrast, strikes me as truly evil—in the same mold as Stephen Miller. Patel has written a book telling us who he is going after. Much like Mein Kampf, we should probably take him at his word. But if there’s even the slightest glimmer of humor in this it’s Patel authoring two children’s books on how great Trump is.
I agree, Richard.
If the David Frum video that Andrew Bermant mentions and the NYT opinion piece hold true, that Wray's resignation now keeps Patel out for now, then I would applaud him.
Capitulation in advance is giving authoritarians permission to continue the goals they are pursuing. If we want to preserve democracy in a form able to be reconstituted after this administration is finished trying to kill and bury it, then we must fight line by line, item by item. Wray's resignation may harbor an ulterior motive - let's hope so and that other officials follow the same path if applicable. I hope Biden's administration is actively digging for any roadblocks that can be put in t***p's path. Every action must be taken in an attempt to replace the unqualified nominations currently on the table.
No one knows Wray's motivation for departing. I respect his decision because he has served this nation honorably longer than most here who are questioning his decision. As brought up by others, it's possible Wray was made aware of the Vacancies Reform Act that excludes Kash Patel from avoiding the typical nomination process by being appointed during a recess. It's fair to ask how many here would subject themselves to Trump and MAGA harassment for one minute longer than they had to. Is easy to set in a safe place free from being harassed at a high level stressful position and tell other people what they should do. Says to me they never have been in a high-level position whether in the best or worst of times. There are no timeouts in those positions.
I respected his thorough investigations into the classified documents thefts by the president who selected him for the position. He was not seeking the limelight and stayed low key especially in his carefully conducted appearances before Congress. He is one of the appointees from the first trump administration who can leave his time in office with his reputation intact. You are correct; there is no downtime in a position of that caliber.
Agree, DIR Wray signed off on the search at Mar-A-Lago. He did the right thing for the right reasons. He did the same with the Ru-Ru investigation findings. DIR Wray deserves much respect for keeping the FBI focused after Coomey was terminated.
Want to reiterate the no downtime take. Far too many see an org as a pyramid with the person in charge at the top. While true, when it comes to responsibilities the pyramid is inverted, that is to say the weight of the entire org rests on the person in charge.
Some can try to deflect and dodge by blaming others or whatever the excuse du jour happens to be yet it never changes the where the responsibility rests.
Been critical of the Wray FBI being slow to pick up on the yellow and red flags post-elx2020. See it in the same category as pre-911 thinking of it can't happen here.
6Jan did happen on DIR Wray watch. FBI analysts may have sounded warnings that were dismissed by management and leadership. If the analysts didn't see the buildup, then they failed at their profession. In iithah case, DIR Wray shoulders the responsibility. A good DIR shoulda' taken it, then fixed it, then resigned.
Resignation is another aspect so many get wrong. There is far more to it than walking away, especially in high-profile positions. DIR Wray is 58 yrs old. To some 58 sounds young. It;s not when considering when hoomans peak. While there is a grey area of time when some can compensate for the ravages of time, that period is much shorter than folks care to admit. High-stress, high-responsibility, high-profile positions age one faster. It's not exclusive to Presidents/CinCs. And that includes the 2nd and 3rd order effect on spouses and children, one's own mental, physical, and emotional. and spiritual health.
Already see Jason Crow from Colorado as one of the likely faces and leaders of the next GEN to emerge during Trump Adm. Point being, am more focused on building the future than reacting to today, tomorrow, or the day after. Works well in life or death situations few beyond those.
I agree with your estimation of Jason Crow. He is a strong voice for veterans and moderate stances. I am anxious for the boomer generation to retire from public life, especially Congress, and let the Jason Crow's re-shape the public conversation. I am frustrated that the Dem leadership were all re-appointed despite advanced age and their proclivity to inculcation of the status quo.
I have always been alarmed at the several justice departments' lack of recognizing the right wing extremism and the rhetoric as dangerous domestic terrorism. I found this George Washington University pdf of a program on Extremism by historian Dr. Mark Pitcavage to be very enlightening: Surveying the Landscape of the American Far Right at gwu.edu.
I feel we have all been complacent in failing to take seriously the threat of right wing extremism and authoritarianism for a long time. Democracy is not guaranteed and must be nourished, respected and defended to endure: a republic if you can keep it.
DIR Wray is a Yale Law graduate, clerked for Michael Luttig and has a net worth of an estimated forty million. Between 1/2016 and 7/2017 he earned over nine million as a litigation partner at the law firm of King and Spaulding. I suspect he would be welcomed back after his government appointment which probably only elevated his cred. I do agree, though, that resignation can be as stressful as transversing the minefields of a high profile position. As a high-powered attorney that should not be unfamiliar.
He saved his pension.
Trumpnis vindictive. He would have stoked Dir Wrays pension through dismissal for cause.
Wray retires 20 Jan at 1159 AM. He prevents the recess appointment. The next 5 weeks will be spent strengthening the guardrails.
Any reasonable person reading this whole article would agree 100% but so many republicans especially in Congress are not reasonable people, that take hard facts and solid evidence and twist them into something else entirely to make it sound as if Trump is a paragon of virtue and was being persecuted unfairly to prevent him from becoming president again. Then to ensure further protection from the law the Supreme court gave hm 99% immunity.
Wait til T guts the military and his Crew is running The Show there.
Keep sounding the alarm Lucian.
You ain’t seen nothing yet
If we don't get some correction soon in some form or another the rule of law will become worthless, if it hasn't already. I keep wondering how all the attorneys in practice feel about what they are witnessing as they watch their profession go down the shitter and their day in court representing someone or some cause becomes a travesty. It will happen to every one of them if this continues until anarchy rules and society collapses. Sorry I'm so dark, but does anyone see any light here?
How much are those attorneys responding, perhaps unconsciously, to a SCOTUS that has steered increasingly off-course in recent decades? Now the ship of state has gone aground. While the maydays are earsplitting, the people turn a deaf ear. PoliticalWire reported Wednesday that "A new CNN poll finds most Americans 'expect President-elect Donald Trump to do a good job upon his return to the White House next month (54%) and a majority approves of how he’s handling the presidential transition so far (55%).' ”
The American people, well at least to the extent that any are paying any attention, are going to be in for a big shock when they see what the "good job" they expect entails.
I can't imagine how the Merdoch et al. media will explain the chaos that's inevitable after these marauders start trying to run agencies. Blaming Dems will grow stale.
Agree. While elections do have consequences it's impossible to end all elections at the national, state, and local level w/o suspending the US and state constitutions, silencing America's press, and imposing martial law.
The Murdoch media empire will have its work cut out for it during the first two years of the new administration. It is far better at attacking than it is at defending.
History teaches that when there is a wide disparity in power, the opposition abandons traditional methods and develops new ones, arising from fresh faces. Furthermore, niithah Trump et al nor the Murdoch media empire have any control over all events or control over the unintended consequences of their actions or lack thereof.
Seeding doom and gloom amounts to raising of a white surrender flag large enough to block out the light.
I expect this next administration will quickly lose control of the narrative of their actions/policies. No one nominated so far has the qualifications or experience required for the positions they are to fulfill. Nearly all, 11 I read last, are billionaires, most of whom are CEOs, business owners or high ranking corporate officials. As such, they are not used to being defied, questioned, or held solely responsible for low-level 'guano occurs' results of strategies implemented - that's what middle managers are for.
The future Communications Director is Steven Cheung, the pugilistic UFC employee who vociferously crosses lines to defend his boss - most publicly at the Arlington National Cemetery fracas where he promised to release video of the confrontation and did not follow through. These appointees are apt to be thin-skinned if criticized and will lose credibility when the public is exposed to displays of their temperaments and attitudes. All the more reason to exhaustively cover what will decidedly be extremist.
Glad you brought all of that up.
Right now Trump et al own the narrative due to one simple, yet highly effective maneuver, announcing Cabinet and other positions far faster and earlier than an administration ever has. While it's fair to focus on the quality one must also consider the effect of the rollout on the public, the press, and inside the US govt.
Some want to label it as flooding the zone while ignoring there is no such law or requirement that the rollout be at a certain pace. Holding on to norms or traditions w/o first asking are those norms and traditions suited to a 21st-C world and society are valid. Nor do they even attempt to make an affirmative case for those traditions and norms. Most of all, fail to grasp some traditions and norms are not a positive, rather they are holding on to the status quo while the world and people move forward. Said another way, that's the way we've always done X is not the defense people make it out to be. And factually, it's not the case at all.
In the US style of government, the Senate determines 100 different versions of qualifications for office holders requiring Senate approval. Then it takes a majority to decide whether a nominee is qualified or not. The US Senate has never published the qualifications for any office holder beyond what is found or not found in the 2nd US Constitution.
While the press and public have free speech guarantees under #1A, there is no power or authority that comes with that right. None. Zero. Zilch. Nada. Sometimes it's worth reminding both parties of that fact.
So, when I hear or read someone talk about how Pres.X or PartyY is out to destroy the Constitution or words to that effect it's worth reminding them the final word on whether that is true is SCOTUS. Nobody else.
In the US chosen form of government, all else is noise. That ain't a norm or tradition. It's reality. Worth repeating Congress added speech rights but they never added power or authority to those rights. The sole power given the public is the vote. That too comes w/caveats. As does a free press.
This entire missive is about the status quo and its reality.
The problem is the same one this nation had since the 2nd Constitution was ratified of it falling far short, is highly flawed, and is extremely difficult to amend to keep pace with the times. So difficult, a large segment of folk have rationalized the late 1790s are the only way to read and interpret it. That too has become a norm and tradition which is a euphemism for even if it's wrong, it's right.
Saying it again, the return of Trump is a gift if accepted for all that's its worth. US and its people had a long history of properly responding to crisis situations up until 911. Don't blow this one by wasting time and resources complaining. Acts>words. If La plume est plus forte que l'epee was true, it would be an Olympic event or reality teevee series, rather than a line written by a fiction writer. In fiction everything is possible.
Murdoch and his son, Lachlan, want to be the nation’s State TV station, however, Lachlan’s siblings are fighting against that. Rupert can leave Fox to Lachlan but his brother and sisters are insisting that real news is broadcasted especially after the elder father dies. It’s “Succession” being played out in real-time.
Life literally followed art in this instance. The legacy confusion plotline in 'Succession' persuaded the real Murdoch family to formalize their own unsettled succession.
The Nevada Probate court denied Murdoch's attempt to leave Lachlan solely in charge, but his father announced he will appeal. The other two siblings are less conservative than Lachlan and Murdoch wants to cement the station's political bent.
Three siblings in addition to Lachlan are involved, Prudence, the oldest, is apolitical, never has been involved with the Murdoch media. Her financial stake is the same as the others. Elizabeth is herself a media power but is not involved with the signature Murdoch media. The one who has been, esp the papers, is James, a full-fledged liberal married to an active liberal. James is the one Rupert and Lachlan want to thwart.
Obeying in advance. Coward.
Encouraging to see that maybe Wray had some strategy in mind after all, maybe others in the FBI will also show some resolve. Most of the mindless "American people" will just see however that Wray quit due to pressure from their Great Leader and his constant whining that the FBI broke into his "beautiful home" and wreaked havoc in a lawless act.
Wray's resignation has made it impossible to do a recess appointment to Kash Patel as he has no experience in any department of government..per David French 's editorial in the New York Times. Patel must be approved by the Senate which is not a slam dunk in my humble opinion.
Yes I also listened to the David Frum interview also.
Wray violated the first cardinal rule from Prof. Timothy Snyder: "Do Not Obey In Advance." Sure, Wray would be fired by Trump once Trump takes office, but he would at least be there for more weeks to try to shore up the defenses against what Trump is going to unleash.
Why Trump was not arrested when they found all those classified documents at Mar-a-Largo is beyond me - anyone else would have been per-walked for all to see. The same should have been done to Trump. And it still should be.
Judge Chutkan, the federal trial Judge in Trump's Mar a Lago and insurrection cases is not required to dismiss those cases. Instead, she can order that no further proceedings will take place, effectively placing the cases on hold for the next four years. Jack Smith has made that possible by setting forth his entire case in motions that have already been filed with the court.
Trump's greatest fear, even more than losing all his money, is his fear of going to jail. Now he can wait in dread during the next four years, until his cases can be reset for trial.