CREW requests background check agreement between DOJ and Trump transition team

On December 3, 2024, President-elect Donald Trump’s Chief of Staff, Susie Wiles, announced that the Trump transition team had entered into a Memorandum of Understanding with the Department of Justice that allowed the names of nominated presidential appointees to be submitted for FBI background checks. Prior to this announcement, the Trump transition team had faced widespread criticism of its apparent desire to bypass the traditional FBI screening process—which the Senate relies on to inform their decision on a nominee’s suitability for office—by using private companies to carry out background checks. While the new MOU says that the FBI will conduct background checks for a nominee’s security clearance, it does not specify whether private companies will be involved in conducting the checks, that every nominee will be subject to those checks or that the Senate will get background checks for consideration of nominees, which would include a broader set of nominees and be for a different purpose.

CREW has requested any and all versions of the MOU and any documents related to the signing of the MOU, including any contracts with or communications about the private vendors the Trump transition team had considered to perform the checks. 

The specifics of the MOU and the rationale behind the departure from the traditional vetting process are of vital and time sensitive importance to the public as each of these outstanding concerns will weigh on the rapidly approaching Senate confirmation hearings. The American public deserves to know whether the Senate will be able to thoroughly evaluate a nominee’s fitness for office before confirming them to a position of power.