Senator Dick Durbin (D-IL), the Senate Majority Whip and Chair of the Judiciary Committee, has defended FBI Director Christopher Wray, asserting that President Trump lacks the authority to replace Wray before his term expires in 2027.
Durbin, echoing the talking points of the Democratic establishment, lambasted Trump’s decision to nominate Kash Patel to lead the FBI. Patel, a staunch advocate for accountability and one of the key figures in exposing the Russia collusion hoax, has become a target of left-wing attacks precisely because of his track record of confronting corruption.
On Saturday, Trump announced his intention to replace current FBI Director Christopher Wray. Trump praised Patel as a “brilliant lawyer” and a staunch defender of justice, poised to tackle America’s crime and corruption.
However, Durbin insists that Wray should remain in his position until the end of his designated term, despite clear precedents and the President’s constitutional authority to make changes within the executive branch.
“We already have a FBI Director, and his term doesn’t expire until 2027. Donald Trump can’t be allowed to hire and fire FBI Directors just because they failed his loyalty test,” said Durbin in a statement.
“President Biden kept Director Wray in office because the FBI is supposed to be insulated from partisanship. Now, the president-elect wants to replace his own appointee with an unqualified loyalist,” Durbin added.
“The Senate should reject this unprecedented effort to weaponize the FBI for the campaign of retribution that Donald Trump has promised.”
The FBI Director, a key executive branch position, is appointed to a 10-year term to ensure the bureau’s independence from political influence. However, the President has the power to dismiss the director at any time.
Examples of Presidential Removal:
- Bill Clinton (1993): Fired FBI Director William Sessions over ethical concerns and alleged misuse of government resources.
- Donald Trump (2017): Fired FBI Director James Comey, citing dissatisfaction with Comey’s handling of the investigation into Hillary Clinton’s emails and the Russia investigation.
Durbin’s claim that Trump cannot fire Wray is not only baseless but a concerning ignorance of constitutional law. The President possesses the power to appoint and remove executive officials as outlined in Article II of the Constitution.
Relevant Provisions in the Constitution:
- Article II, Section 1:
- “The executive power shall be vested in a President of the United States of America.”
- This vests the President with overall authority over the executive branch, which includes the FBI, a component of the Department of Justice.
- Article II, Section 3:
- The President must “take care that the laws be faithfully executed.”
- As head of the executive branch, the President is responsible for overseeing federal agencies, including the FBI.
- Appointment Power (Article II, Section 2):
- The President appoints “officers of the United States,” with Senate confirmation. By extension, this authority includes the power to remove those officers unless restricted by law.
The backlash was swift and brutal. The internet erupted, blasting Durbin for what many called a “dumb” statement.
