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Here’s what an FBI background check for Trump’s Cabinet picks could unveil – or not

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.
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Trump Nominates Conservative Lawyer Harmeet Dhillon To Lead DOJ Civil Rights Division

Harmeet Dhillon was chosen by the president-elect to replace Kristen Clarke on the Justice Department’s civil rights efforts.
President-elect Donald Trump announced on Monday that he plans to nominate a conservative California attorney to lead a critical division of the Department of Justice.
Harmeet Dhillon, a former vice chairwoman of the California GOP and a national committeewoman for the Republican National Committee, was selected by Trump to serve as assistant attorney general for civil rights at the Justice Department. She would replace Kristen Clarke, who became the first woman and first Black woman to run the division in 2021.
Trump, who described Dhillon as one of the “top Election lawyers” in the country in his Truth Social announcement, said that she would have a large role in voting rights enforcement.
“Throughout her career, Harmeet has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers,” he wrote.
Dhillon combated stay-at-home orders during the COVID-19 pandemic. She filed several lawsuits against government-level regulations, arguing there was overreach. The lawsuits Dhillon filed came after Democratic California Gov. Gavin Newsom became the first governor to issue statewide stay-at-home orders to shut down nonessential activities and interests to combat the spread of the coronavirus.
In 2018, Dhillon founded the conservative nonprofit The Center for American Liberty, which has filed lawsuits challenging vaccine requirements and trans-inclusive school policies. Most notably, Dhillon currently represents Chloe Cole, a young activist who sued Kaiser Permanente in California after she detransitioned from male to female. Cole has rallied alongside Republican politicians and conservative media figures, and has testified in support of dozens of state laws restricting access to gender-affirming care for trans youth.
Dhillon is highly critical of blue states that aim to uphold and protect rights for transgender people in light of ongoing legislative attacks. She said Maine’s “shield” law, which protects reproductive health care providers and trans people, is “unconstitutional” and expressed concerns about future protections in California.
A staunch opponent of abortion herself, the attorney also unsuccessfully represented anti-abortion activist David Daleiden, who in 2016 used a fake driver’s license to pose as a biomedical company executive and tried to buy fetal tissue from Planned Parenthood, in an effort to accuse the health care provider of selling tissue for profit.
Dhillon, who was born in India and is a practicing Sikh, has faced pushback from fellow Republicans due to questions of her faith. After she announced in 2022 that she would challenge RNC Chair Ronna McDaniel for her position, several members of the RNC circulated a video of Dhillon opening a 2016 Republican National Convention with a Sikh prayer. In a letter to Alabama Republicans in 2023 responding to the incident, Dhillon addressed concerns about her faith and slammed McDaniel’s leadership. Alabama Republican Chris Horn questioned how Dhillon’s religion would impact policy to NBC. McDaniel condemned attacks on religion but told Politico her allies questioned how Dhillon’s faith would impact the party.
Last year, former Fox News host and conservative political commentator Tucker Carlson hired Dhillon to represent him in a gender discrimination lawsuit by his former producer, Abby Grossberg. The ensuing settlement resulted in Fox paying Grossberg $12 million.
“I’m extremely honored by President Trump’s nomination to assist with our nation’s civil rights agenda,” Dhillon said in a post on X (formerly known as Twitter). “It has been my dream to be able to serve our great country, and I am so excited to be part of an incredible team of lawyers led by @PamBondi. I cannot wait to get to work!”
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Trump’s Utterly Absurd Take On Birthright Citizenship Involves Walking Infants

The president-elect appeared very confused about how American citizenship is conferred.
In a freewheeling interview with NBC News Sunday, President-elect Donald Trump offered a head-scratching explanation for his plan to wage an attack on birthright citizenship.
“Did you know, if somebody sets a foot — just a foot, one foot, you don’t need two — on our land, congratulations, you are now a citizen of the United States of America,” Trump said, when discussing birthright citizenship.
“Yes, we’re going to end that, because it’s ridiculous,” he added.
Trump appeared to describe a hypothetical scenario in which a woman would give birth to an infant who — either capable of walking at birth or helped along by someone eager to win a bet — would set one foot on American soil and the other in either Mexico or Canada.
It is also possible Trump was imagining an infant hopping or standing on one leg. Neither scenario is plausible.
Trump also repeatedly asked whether the interviewer, Kristen Welker of “Meet the Press,” knew that the United States was the only country that conferred citizenship by birthright.
“We’re the only country that has it, you know,” Trump said. “You know we’re the only country that has it.”
Birthright citizenship is commonly recognized in the Americas, including in Canada and Mexico. Also known by its Latin legal term as “jus soli,” it is the concept of conferring citizenship by birth in a given country. Most countries instead recognize “jus sanguinis,” which instead confers citizenship based on the nationality of a person’s parents.
Welker did not challenge Trump’s utterly wrong description of how birthright citizenship works or that the United States is not alone in recognizing it. But she asked whether Trump intended to enact his proposed change through executive action.
“Well, if we can, through executive action,” Trump said. “I was going to do it through executive action, but then we had to fix COVID first, to be honest with you.”
Birthright citizenship is protected by the 14th Amendment to the Constitution. The president cannot use executive action to overturn a constitutional amendment, though legal experts expect the Trump administration to challenge the long-settled legal interpretation through the courts.
Trump has spent significant time in southern Florida, which is home to a large Cuban-American community.
He likely came up with this weird description of birthright citizenship by free-associating the issue with the now-defunct policy of allowing Cuban migrants to stay within the United States and pursue citizenship upon touching American soil. The policy was known as “wet-foot, dry-foot.”
During this year’s presidential campaign, Trump repeatedly described immigrants as coming from jails and mental institutions. He was likely resurrecting assertions he heard during the era of the Mariel boatlift four decades ago.
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Trump Trolls Canadian Prime Minister Justin Trudeau, Stirs Controversy

Trump mocks the United States’ northern ally
In a post just after midnight on Truth Social, Trump took aim at Canadian Prime Minister Justin Trudeau with a mocking reference, calling him “Governor Justin Trudeau of the Great State of Canada.”

The comment, a throwback to Trump’s past suggestion that Canada might become the 51st U.S. state if they can’t handle his tariffs, is an insult to both Trudeau and Canada.

Trump recently posted an AI image of himself looking into Canada as if to annex it. Trump’s midnight post, claiming to look forward to future discussions on tariffs and trade with “Governor Trudeau,” further stoked tensions with a key ally and makes one question his diplomatic judgment.
Trump’s post undermines the United States’ relationship with Canada. Calling the Canadian leader a “Governor” belittles the sovereignty of a close neighbor and trading partner, and further feeds into the narrative of disrespect that Trump has often displayed toward foreign leaders.
The United States and Canada share deep economic, cultural, and geopolitical ties, and statements like this can jeopardize decades of cooperation. Trump is proving once again he will be an embarrassment to the United States.
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