Wray’s Resignation Cleared the Path for Kash Patel

Garrett Graff: “There was some speculation in the hours following Wray’s announcement to leave before January 20^th that it was some advanced bureaucratic maneuver to forestall Kash Patel being installed as FBI director under a recess appointment or under what’s known as the Federal Vacancies Reform Act, which governs who and how someone can be appointed an ‘acting’ leader in the government.”

“And, indeed, in various ways Wray’s resignation would preclude Patel from being installed via an FRVA appointment if Trump’s plan had been to wait until day 91 of the administration to fire Wray — Patel (or anyone else named acting) needs to have been in government for 90 days in the year period *preceding* the vacancy, for instance, among other FVRA provisions — but there’s also an open legal debate about whether FVRA can even be used if a firing happens, because the president is then creating the vacancy he’s trying to fill, so legally and procedurally it feels sort of a wash in that sense…”

“But I think, practically, Wray’s decision not only doesn’t hinder Patel taking over the bureau, it accelerates it.”

Earlier for members: Washington Shrugs at Christopher Wray’s Departure