Some of President-elect Donald Trump's cabinet appointments are surprising. Will his choice to head the Federal Bureau of Investigation be equally surprising?
Rumors that FBI Director Christopher Wray will resign before Inauguration Day are probably correct. But while Trump supporters may hope for a powerful disruptor to clean up the FBI, others fear the president will appoint a blind follower bent on revenge. There are some too.
But the right candidate can be the disruptor the FBI needs while restoring its reputation as an efficient, effective, and apolitical agency. President Trump's biggest surprise may be to nominate a professional law enforcement officer, and even a current or former FBI special agent, as director.
Such a choice would be contrary to current thinking. All five since 1978 FBI Director All are former judges and Justice Department officials, with only Louis Freeh having worked as an FBI agent.
FBI officials have always respected this experience and wondered why a career lawyer would get the top job. Most police chiefs and chiefs come from law enforcement backgrounds. Why should the FBI be different? It's likely due to the role lawyers play at the top of American politics, but given the agency's recent history, it might be time to reconsider that idea. It's coming.
The F.B.I. Number of employees: 35,000 and budget over $11 billioncovers a broader range of criminal and national security issues than most similar organizations, domestic or foreign. Most judges and lawyers have never managed an organization this large and complex.
Additionally, law enforcement requires different skills and ways of thinking than those honed through briefing and courtroom advocacy. For example, lawyers at the Department of Justice draft deadly force policy while selecting appropriate firearms and training staff for different scenarios that may require the use of deadly force. It is the FBI's responsibility to do so.
The debate between Justice Department and FBI officials over the conduct of the Mar-a-Lago investigation highlights a disconnect in how prosecutors and law enforcement agencies approach difficult real-world scenarios. Directors with law enforcement experience understand this and other practical law enforcement challenges. President Trump's appointed attorney general will need this kind of insight if he wants to reform the FBI.
It's almost universally accepted that the FBI needs to fix it. Every time a new scandal breaks out, it provokes a disgusted response from retired and current agents alike: “Here we go again.” Half the country views the FBI as “Biden's Gestapo,” and even politically apathetic Americans question whether the agency is impartial. Whether this perception is fair or not is secondary. They exist, and Trump's election has set the stage for change.
One reform could include refocusing the bureau from Washington to field operations, a strategy that Secretary Freeh implemented during his tenure. There may be others that are more controversial. An experienced law enforcement leader untainted by recent Justice Department controversies would have a better chance of enacting effective reforms while reducing accusations of politicization. Any Trump appointee would be subject to that criticism, but the nomination of a former Justice Department attorney to lead the charge would intensify that criticism.
Unlike most law enforcement officials, the FBI director is a political appointee with a 10-year term, intended to protect the bureau from inter-presidential political interference. But it's nearly impossible to be truly apolitical in Washington. Ironically, the appointment of a Justice Department lawyer to head the FBI has brought even more, if not less, political intrigue to the Justice Department.
Law enforcement experts, on the other hand, can better prevent the Bureau from shifting political winds around the judiciary and return the Bureau's focus to its core mission of investigation and administration.
But should the FBI really be independent from the Justice Department? Its relationship with the department is similar to that between the Marines and the Navy, technically subordinate but culturally and operationally distinct. .
Some on the political right argue that the FBI should be more politically accountable, as outlined in the Heritage Foundation's Project 2025. Accountability is necessary, but the FBI is more than just a federal agency. It investigates crimes at the highest levels of government and conducts background checks on political appointees. These responsibilities affect both political parties and often fuel claims of bias. A secretary with law enforcement experience would be better able to meet these challenges than a Justice Department lawyer or political operative.
This is no disrespect to Coach Ray or his predecessors. Since the post-Watergate reforms, FBI directors have faced the near-impossible task of handling politically sensitive investigations while still being seen as apolitical. Of course, even a director with law enforcement experience does not guarantee success.
Critics who want to abolish the FBI or view all of its problems through an anti-Trump lens will not be swayed by the quality of the director. But for those of us who recognize the need for change but still believe in the Bureau's mission, the addition of a law enforcement expert to the top position may come as a surprise.
Christopher M. Donahue is a former FBI agent.
