The ongoing political saga surrounding the FBI took another twist this week as Christopher Wray announced he will step down as director at the end of President Joe Biden’s administration on Jan. 20.
Wray’s resignation follows President-elect Donald Trump’s recent pledge to replace him with Kash Patel, a contentious figure who has defended Jan. 6 rioters, threatened to fire FBI agents, and vowed to investigate journalists.
While Wray’s planned departure might seem to clear the way for Patel to assume the role immediately on Trump’s first day in office, legal experts argue that federal regulations present significant hurdles. Under the Federal Vacancies Reform Act (FVRA), Patel cannot serve as acting director without Senate confirmation, a process that could take weeks or even longer.
“The FBI will likely be led by acting directors from within the agency during the early part of the new administration,” said Marty Lederman, a constitutional law professor at Georgetown University.
This development ensures that the leadership of the FBI will remain a focal point of political controversy as the nation transitions to the Trump administration.