Patel could not assume the role immediately until confirmed, experts say.
In this July 12, 2023, file photo, FBI Director Christopher Wray testifies during a House Judiciary Committee hearing about oversight of the Federal Bureau of Investigation, in Washington, D.C.The political drama over the future of the FBI took another turn this week when Christopher Wrayhe will resign as the agency's director by the end of the Biden administration on Jan. 20.
Those same regulations, however, also give small loopholes that could allow Trump some options to have his say about who those "stopgap" leaders are, according to Lederman, a former Justice Department attorney. However, the FVRA does give a sitting president options on choosing another person to be acting director from a larger pool of candidates -- outside the bureau -- albeit according to strict criteria.
The FVRA also provides a third option under which a president can appoint an agency employee who is paid at the "GS-15 rate or above", which is $123,041, and who has been an employee of the agency for at least three months of the past 365 days preceding the vacancy."The statue is a maze but it gives the president a lot of flexibility to nominate a wide range of folks," Vladeck said.
Given the complications and pending leadership changes within the Justice Department and the time it will take for Trump's attorney general pick to assume office, this scenario seems unlikely, according to the experts. The Justice Department and government watchdog groups will be keeping their eye on the ongoing proceedings and
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