The Dictatorship
Biden has one last chance to protect America from Trump’s attempts to skirt the law
We had fair warning. Last month, The New York Times reported that then-candidate Donald Trump’s advisers were telling him to skip FBI background investigations for his high-level selections for nominees. Last week, BLN, citing “people close to the transition planning,” reported that Trump doesn’t plan to submit the names of at least some of his Cabinet-level picks for FBI vetting. Whether you’re Republican, Democrat or independent, and regardless of whether you’re energized or enraged by Trump’s controversial picksyou should be concerned about the possibility of a vetting process that’s really no process at all.
Whether you’re energized or enraged by Trump’s picks, you should be concerned about the possibility of a vetting process that’s really no process at all.
The FBI has conducted background investigations of White House nominees since at least the tenure of President Dwight Eisenhower’s time in office. Even so, there’s no law clearly mandating presidents or presidents-elect to submit their nominees and appointments to the FBI for investigation. In 1953, Eisenhower issued Executive Order (EO) 10450calling for investigations of prospective federal employees. Yet, executive orders don’t have the full effect of a law and are only binding on the executive branch. Worse, Eisenhower’s executive order is subject to interpretation. Consider Section 2, “The head of each department and agency of the Government shall be responsible for establishing and maintaining within his department or agency an effective program to ensure that the employment and retention in employment of any civilian officer or employee within the department or agency is clearly consistent with the interests of the national security.” There’s lots of wiggle room there.Section 3 of that executive order reads, “The appointment of each civilian officer or employee in any department or agency of the Government shall be made subject to investigation … but in no event shall the investigation include less than a national agency check (including a check of the fingerprint files of the Federal Bureau of Investigation).” That means that Trump, who claims he’s using private firms to conduct background inquiries, might get by with having whatever firm that is simply checking FBI fingerprint files. Yet, despite there being no mandate, the intent here was a government inquiry involving the FBI.
Subsequent presidents, including Bill Clinton and Barack Obamarevised Eisenhower’s edict to mitigate intrusive inquiries into sexual orientation in the granting of security clearances, but still missing is a specific mandate for FBI investigation of White House nominees. And again, an executive order isn’t quite a law. Clearly, the intent in these executive orders has always been for a government agency, particularly the FBI, to conduct these inquiries, but we have an incoming president who thumbs his nose at rules and intentions.The Presidential Transition Act of 1963 directs the FBI to conduct such background checks “expeditiously” for “individuals that the President-elect has identified for high level national security positions.” But what if he never formally identifies and submits his picks to the Department of Justice and the FBI? In his last administrationTrump overrode security adjudicators who denied clearances for his son-in-law, Jared Kushnerand many others, after FBI background checks resulted in national security concerns. This time, he appears poised to dispense with the FBI checks and potentially with the Senate confirmation process by making recess appointments.
That leaves us with two pertinent memorandums of understanding (MOU) which should enable President Joe Biden and/or the U.S. Senate Judiciary Committee to quickly do something to preserve national security and the Constitution’s advice, and consent powers conferred on our elected lawmakers.
This time, he appears poised to dispense with the FBI checks and potentially with the Senate confirmation process by making recess appointments.
First, Biden should rely upon the existing MOU between the Department of Justice and his office, as well as the Presidential Transition Act, to investigate the people Trump says he wants to put in office. The MOU sets out procedures for requesting background investigations of nominees “at the request of the president.” It doesn’t say the president-elect, it says “president.” That’s you, Joe. As for the transition act, it reads as applying to people “…the President-elect has identified” for high-level positions. Well, the president-elect has already publicly identified those people. And Biden should respond.What happens if a nominee refuses to cooperate, won’t provide his consent to be investigated or won’t fill out any forms? The MOU has a remedy for that: “The DOJ and FBI may consider a request from the President for a name check or BI without the consent of the appointee if justified by extraordinary circumstances.” I’d say with some of these nominees named by Trump, and the fact that Trump may forego FBI vetting of them, we have extraordinary circumstances.
The Senate Judiciary Committee has its own pertinent MOU with the Counsel to the President. That document says the committee “shall have access to” the FBI reports on nominees for attorney general, FBI director or summaries for “all other DOJ nominees and non-judicial nominees.” Emphasis on all other and non-judicial. We know senators want the details of the House Ethics Committee inquiry into former Rep. Matt Gaetz, Trump’s pick for attorney general. An FBI background investigation would certainly include a request to review that report, as well as the DOJ criminal investigation, now closed, into Gaetz. The Senate Judiciary Committee should make a bipartisan request for an FBI background check of Trump’s picks now. Regardless of party affiliation, if senators relinquish their advice and consent authority or confirm a nominee without benefit of knowing the risk they pose, then they set a precedent for never again exercising their constitutional powers.
You’d be right to ask, “What’s the point?” After all, Trump is unlikely to read, let alone act upon, any derogatory information developed in FBI reports. The point would be to force Trump’s hand. Drop the reports on his desk and let him go forward with nominees who potentially are either found through investigation to be unqualified, at risk of compromise, or even a national security threat. Let Trump order White House security clearance adjudicators or his hand-picked agency heads to grant security clearances to seemingly unqualified candidates. Let the Senate affirm nominees after they’ve read details about the kind of people who may lead the DOJ or serve as the director of national intelligence.
Don’t take it from me. Here’s what Founding Father Alexander Hamilton said about the Senate’s advice and consent role, and the need for checks and balances against a president’s nominees. “…the president would be ‘ashamed and afraid’ to bring forward unmeritorious candidates, whose only qualifications would be [hailing] from particular states, or being personally allied to the president, or ‘possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.’”
Biden should be neither ashamed nor afraid to thoroughly investigate Trump’s picks, given the signs that Trump may not. Through executive order, he should mandate that the FBI conduct background investigations on Trump’s picks and instruct the FBI to begin the process now. The U.S. Senate should use its power to request the same of the FBI.
The clock is ticking.
Frank Figliuzzi is an BLN columnist and Senior National Security and Intelligence Analyst for NBC News and BLN. He was the assistant director for counterintelligence at the FBI, where he served 25 years as a special agent and directed all espionage investigations across the government. He is the author of “The FBI Way: Inside the Bureau’s Code of Excellence.”
The Dictatorship
FSU shooting victim’s family files federal lawsuit against OpenAI
Happy Tuesday! Here’s your Tuesday Tech Dropthe past week’s top stories from the intersection of politics and technology.
OpenAI sued over FSU shooting
The family of a victim killed in a shooting at Florida State University last year is suing OpenAIalleging the shooter was inspired and advised by its chatbot, ChatGPT, on how to maximize damage.
The federal lawsuitfiled in Florida, claims ChatGPT informed the alleged shooter on how to operate certain guns and when FSU’s campus would be busiest. According to the suit, ChatGPT responded to a query about how to gain the most attention by saying in part:
Context also matters — fewer victims can still lead to national coverage if it happens at an elementary school or major college, if the shooter is a student or staff member, or if there’s something culturally or politically charged (for example, racial motives, a manifesto, or mental-health implications).
OpenAI declined responsibility, BLN reported:
OpenAI said that while the FSU shooting was a “tragedy,” ChatGPT is “not responsible.”
“In this case, ChatGPT provided factual responses to questions with information that could be found broadly across public sources on the internet, and it did not encourage or promote illegal or harmful activity,” said OpenAI spokesperson Drew Pusateri. “We work continuously to strengthen our safeguards to detect harmful intent, limit misuse, and respond appropriately when safety risks arise.”
As BLN noted, this litigation adds to a growing list of lawsuits accusing ChatGPT of fueling harmful behavior. And, to be clear, this issue isn’t unique to OpenAI: There have been numerous incidents — such as xAI’s Grok being used to produce nonconsensual sexual imagesincluding ones depicting children — that suggest the public ought to remain skeptical of chatbots and their effect on society.
Read more at CNN.
France’s X investigation
Speaking of Elon Musk’s Grok, French investigators have escalated their probe — over the chatbot’s dissemination of Holocaust denials and nonconsensual deepfakes — to a criminal investigation. Musk has called the investigation a political attack, without providing evidence. According to CNBC, the escalation comes after Musk declined to appear for questioning. Last month, President Donald Trump’s Justice Department officially refused to assist French investigators in getting Musk to comply.
Read more at CNBC.
Judge slams DOGE’s humanities cuts
A federal judge blocked the Trump administration’s cuts to the National Endowment for the Humanities, calling the cuts discriminatory. The judge also rebuked employees at the so-called Department of Government Efficiency for trying to blame ChatGPT, which they used while trying to decide which programs to slash.
Read more at MS NOW.
Israeli Prime Minister Benjamin Netanyahu suggested that a reported rise in anti-Israel sentiment among Americans is the result of foreign influence campaigns on social media. The evidence-free comments, made on CBS’ “60 Minutes,” underscore Netanyahu’s concerns about online criticism — and his efforts to suppress it amid backlash over Israel’s bombing campaigns in Gaza and Lebanon.
Netanyahu met with right-wing influencers last summer in an effort to stem anti-Israel sentiment among conservatives. And according to recent pollingIsrael’s standing has significantly dropped among Democrats, fueling some primary challenges among liberals.
Watch the “60 Minutes” interview at CBS News.
According to a Pew survey published last month, 60% of U.S. adults viewed Israel unfavorably, up nearly 20 points in four years. Israeli Prime Minister Benjamin Netanyahu says the rise of social media is a major reason for this decline. https://t.co/QP4ESNtjGq pic.twitter.com/miCEwFYLX3
— 60 Minutes (@60Minutes) May 10, 2026
Canvas hack underscores cybersecurity cuts
I wrote about the recent ransomware attack on Canvas, an educational app used by thousands of K-12 schools and universities across the country, and how the debilitating hack spotlights the danger in the Trump administration’s gutting of cybersecurity programs.
Read more at MS NOW.
A new ICE-monitoring app emerges
The developers behind Tucson Migra Map, which allows users to track U.S. Immigration and Customs Enforcement activity, explained to The Associated Press why they believe their platform is positioned to avoid the fate of other ICE-tracking apps that have been taken offline amid pressure from the Trump administration.
Read more at The Associated Press.
Texas sues Netflix
Texas Attorney General Ken Paxtonwho is running for the U.S. Senate, has filed a lawsuit in his official capacity against Netflix, accusing the streaming platform of “spying” on users, collecting data without consent and deploying features designed to make the platform addictive. A Netflix spokesperson said in a statement that the lawsuit “lacks merit and is based on inaccurate and distorted information.”
Read more at Variety.
Meta has officially killed end-to-end encryption on Instagram, meaning the social platform will no longer offer the feature that supposedly blocked third parties — including government entities — from viewing messages between users.
Read more at PCMag.
Trump Mobile drives buyers mad
MS NOW’s Ari Melber delivered a great segment spotlighting customers who ordered Trump-branded mobile phones feeling “duped” and “angry” after not receiving anything for more than a year. He explained why a recent update to the preorder terms and conditions means the phones may never arrive.
Read my colleague Allison Detzel’s write-up of the segment — and watch the segment in full — at MS NOW.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
The Dictatorship
Trump is usually immune to political gaffes. This slip-up is different.
In his decade in national politics, Donald Trump has transformed the meaning of the political gaffe. As a campaigner and as president, he has demonstrated an uncanny ability to bulldoze over controversies stemming from embarrassing, tone deaf or outright offensive remarks. But it’s genuinely hard to see how a tin-eared remark he made Tuesday won’t haunt him.
Before leaving for his trip to ChinaTrump took questions from the press on the White House lawn. About 10 minutes into his appearance, a reporter asked“When you’re negotiating with Iran, Mr. President, to what extent are Americans’ financial situations motivating you to make a deal?”
Without hesitation, Trump replied, “Not even a little bit.”
He continued: “The only thing that matters when I’m talking about Iran — they can’t have a nuclear weapon. I don’t think about Americans’ financial situation. I don’t think about anybody. I think about one thing: We cannot let Iran have a nuclear weapon. That’s all.”
I don’t think about Americans’ financial situation. I don’t think about anybody.
Democrats have just received the ideal video clip for midterm messaging.
Trump’s favored escape hatch — passing off an off-color or foolish remark as a joke — is not available here. In clips of his remarks, which immediately spread like wildfire on social media, Trump speaks emphatically, and his tone makes it clear that he’s speaking with clear and serious intention.
President Trump said he doesn’t think about Americans’ financial situations as he negotiates with Iran, “not even a little bit,” as he took questions from reporters before leaving for China.
“The only thing that matters when I’m talking about Iran, they can’t have a nuclear… pic.twitter.com/Yb2ErKl8t2
— CBS News (@CBSNews) May 12, 2026
Even during an era in which Trump has raised the bar for impropriety and scandal unthinkably high, there’s a reason this blunder has the juice in a way most of Trump’s remarks don’t: He has committed a gigantic Kinsley gaffe. That’s a reference to former New Republic editor Michael Kinsley’s definition of a gaffe as “when a politician tells the truth — some obvious truth he isn’t supposed to say.”
The truth, in this case, is that Trump obviously doesn’t care about ordinary Americans’ financial well-being. It’s sticky not just because he said it, but because he has long been acting like it.
The war with Iran caused an entirely predictable oil shock in the Strait of Hormuz, and in turn, an entirely predictable blow to Americans’ wallets. Every serious energy and security observer of the region knew that this was a likely effect of such a conflict. But Trump went ahead anyway because he was so fixated on claiming another regime change that he didn’t stop for a moment to think about the repercussions.
This accidental truth-telling by Trump underscores how much his second term is politically fraudulent. He largely won the White House again because of lingering resentment over inflation during the Biden administration and rosy memories of Trump’s economic performance, alongside his promises of “no new wars.” His campaign ran ads proclaiming “Kamala is for they/them, President Trump is for you.” Now he’s admitting — both in word and deed — that all that was a lie, and that his top priority is an unpopular project he was never elected to carry out.
My belief — and hope — is that this is the kind of clip that will have potency not only with Democrats, but also independents and soft Trump voters who are already souring on Trump due to the war in Iran and high costs of living. It’s the kind of thing that Trump can be hammered with not just by the Democratic Party, but also the isolationist, Tucker Carlson-aligned wing of the GOP.
While Trump flails in negotiations with an increasingly resolute Iran, he obsesses over a $1 billion White House ballroom project and continues to use his presidency to enrich himself and his family.I don’t think about anybody. The only part Trump is missing is “but myself.” But I’m increasingly confident that most voters can fill in the blanks.
Zeeshan Aleem is a writer and editor for MS NOW. He primarily writes about politics and foreign policy.
The Dictatorship
Patel clashes with lawmakers over excessive drinking allegations
Democratic lawmakers at a Justice Department budget hearing Tuesday blasted FBI Director Kash Patel about his behavior, as well as fresh reports about the Trump administration’s investigations into internal leaks and the president’s enemies.
Sen. Chris Van Hollen, D-Md., began the Senate Appropriations Committee hearing by condemning the firing of FBI agents and accusing Patel of “weaponizing” the agency to seek political revenge on behalf of Trump, particularly against journalists “who write stories that you don’t like.”
Van Hollen called reports of”https://www.ms.now/news/fbi-chief-shown-in-raucous-locker-room-celebration-during-olympics-trip”>Patel’s misconductspecifically his drunken behaviorwhich he has denied, “extremely alarming.”
“If true, they demonstrate a gross dereliction of your duty and a betrayal of public trust,” Van Hollen said.
In a loud exchange, Patel then accused Van Hollen of “drinking margaritas with felons,” alluding to a photo Van Hollen has said was staged when he went to El Salvador to visit Kilmar Abrego Garciaa Maryland man who was illegally deported.
“You drink during the day, that’s you,” Patel said.
Asked by Van Hollen if he would take a test to determine whether he has a drinking problem, Patel agreed to do it alongside him.
“I’ll take any test you’re willing to take,” Patel said.
In his opening remarks, Patel touted successes under his leadership and tried to frame Van Hollen’s comments as an attack on the bureau.
“This FBI is doing a historic level of crime reduction across the country. I’m proud to lead it,” Patel said. “And if you want to cite media reporting to discredit the men and women of the FBI, go right ahead. The target’s right here. The mission’s never been more successful.”
Sen. Chris Coons, D-Del., questioned Patel about his trip to the Winter Olympics in Milan, Italy, where he was captured on video chugging beer with the U.S. men’s hockey team in a locker room. Coons asked how much the trip cost and how it furthered the FBI’s mission.
Patel did not offer a number but said that there were no major security issues involving American citizens at the Games, and that it is standard practice for the FBI and other federal agencies to work security at sporting events such as the Olympics, World Cup, F1 races and the Super Bowl.
Patel said the trip coincided with a mission to return to the U.S. a top Chinese cyber criminal who at the time was housed in Italian custody.
Patel’s appearance before the committee, alongside the heads of the DEA and the ATF, comes on the heels of new reports that the Justice Department subpoenaed journalists covering the Iran war to uncover their sources at the direction of President Donald Trump, according to CNN and The Wall Street Journal.
Trump indirectly instructed acting Attorney General Todd Blanche to investigate the reporters by placing a sticky note with the word “treason” written on it atop a stack of printed news articles, officials familiar with the matter told the news outlets.
After Blanche received the stack of articles, the DOJ issued several subpoenas, according to the reports. The department’s National Security Division was already planning to look into some of the stories’ sources, but Trump’s concern expedited the effort, one official told BLN.
The DOJ did not immediately respond to MS NOW’s request for comment on the reports. A spokesperson for the department told the Journal that “in all circumstances, the Department of Justice follows the facts and applies the law to identify those committing crimes against the United States.”
Separately, a person directly familiar with the matter confirmed to MS NOW that FBI agents have been conducting voluntary interviews of CIA officers as part of the investigation into former CIA Director John Brennan over his role in the investigation that concluded Russia interfered in the 2016 U.S. elections. Last month, the DOJ began withdrawing several subpoenas it had issued in the criminal probe of Brennan, opting instead for the voluntary interviews.
MS NOW’s Ken Dilanian and Carol Leonnig contributed to this report.
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
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