While President-elect Donald Trump’s controversial pick for defense secretary, Pete Hegseth, is beginning the process to undergo an FBI background check, the intensive review may not provide the answers that either Democrats or Republicans are seeking.
That’s because a nominee doesn’t “pass” a background check, and the FBI doesn’t approve applicants. Instead, the FBI’s investigative files on nominees are sent to the White House, which makes the final decision on whether they can hold the positions to which the president appointed them.
FBI background checks have been lightning rods during previous contentious confirmation fights. After sexual misconduct allegations nearly tanked Supreme Court Justice Brett Kavanaugh’s nomination in 2018, for example, Democrats said the FBI background investigation was politically constrained and did not follow proper procedures.
Hegseth’s confirmation has been in jeopardy amid a series of allegations related to drinking and sexual misconduct, which he has denied. As calls for additional vetting have mounted, Hegseth’s attorney told CNN this week that his name has been submitted to the FBI for the background check.
The FBI is gearing up to conduct detailed background checks on thousands of appointees for Trump’s incoming administration. While the president-elect has been moving quickly to name his Cabinet and key administrative picks, his use of the FBI system had been in question until the Trump transition team signed a memorandum of understanding with the Justice Department in recent days.
The agreement will now allow the FBI to conduct at least some investigations, but it remains unclear how many of Trump’s candidates to lead various agencies and departments will be submitted for those checks, as the transition team also has been using private companies to conduct some vetting.
Despite Trump’s qualms about the FBI and complaints from his allies that the bureau shouldn’t be trusted to screen his appointees, the FBI system does enjoy bipartisan support from members of Congress. Senators of both parties have said they want political appointees to undergo FBI background investigations as part of the confirmation process.
Dozens of FBI agents and contractors at the bureau’s headquarters in Washington and in field offices around the country are involved in background investigations with the goal of helping to prepare the new administration to take the reins of government and allow appointees to have access to classified and other sensitive information as soon as the new president is inaugurated on January 20.
The background checks aren’t criminal investigations, and the FBI investigators’ role is to conduct investigations for a client – in this case the White House or government agency that requests them. In each administration, the White House typically provides questions, in addition to the standard ones listed on the application forms, that agents are told to ask.
While FBI background investigations have access to government criminal databases, that typically wouldn’t include allegations of wrongdoing that don’t result in an arrest or charges.
In Hegseth’s case, that means investigators wouldn’t necessarily see details from a California incident that included an investigation of alleged sexual assault but didn’t result in charges. It’s unclear whether investigators would be able to seek information from the accuser, who was paid in a settlement agreement with Hegseth that included a confidentiality clause and has the option to decline to speak to the FBI.
The scope of the FBI’s investigation of Kavanaugh is still under scrutiny. In releasing a report this fall, Sen. Sheldon Whitehouse, a Rhode Island Democrat on the Judiciary Committee, called the bureau’s supplemental background probe into Kavanaugh a “sham.”
Background checks include long forms where candidates must detail past employment, biographical information, as well as criminal and financial records. Investigators probe each applicant’s personal history back to their 18th birthday, with FBI security specialists examining credit histories and criminal backgrounds and conducting interviews of associates dating back years.
The investigations also include an in-person FBI interview where an agent reviews information gathered and sometimes challenges applicants to explain discrepancies.
“I compare it to a colorectal examination while you’re awake,” a former FBI security specialist who conducted background investigations for years told CNN.
The investigations for Cabinet members can include as many as 60 interviews, the former FBI specialist said. Agents and contractors spend 10 days to two weeks on the highest-profile investigations.
Applicants are asked to provide contacts with employers dating back to age 18. The FBI develops its own intelligence to supplement the list of people who may know an applicant to ensure it doesn’t miss information that an applicant may leave out.
In some cases, agents will walk up and down the street where someone lived to ask neighbors about them. For appointees who previously served in government jobs, the investigations tend to be shorter since agents don’t need to duplicate the investigation of earlier parts of the background.
The incoming Trump administration has a tortured past with the government’s security clearance system after dozens of people he picked to serve in his first administration struggled to complete the background investigations process.
Jared Kushner, Trump’s son-in-law, was among several appointees whose foreign contacts and potential conflicts posed issues as they sought to receive security clearances. In Kushner’s case, incomplete information he provided in filing out the government form, known as SF-86, caused delays.
Trump ordered high-level clearances be granted to about 25 people, including to Kushner and his daughter Ivanka, dismissing questions raised during the background investigations, according to congressional testimony.
