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On Monday, former Missouri Attorney General Andrew Bailey – once President Trump’s top pick to lead the FBI – will be sworn into a new power-sharing role with deputy FBI Director Dan Bongino.
Bailey’s installment comes at a perilous time for FBI Director Kash Patel, whose leadership atop the nation’s premier law enforcement agency is under fire, according to ten sources from multiple federal offices granted anonymity to speak freely. The White House’s reasoning to create an unprecedented office for Bailey has not been explained and left FBI leadership confused, two people at the agency said.
“The White House, Bondi, Blanche have no confidence in Kash,” one source with knowledge of ongoing personnel discussions said. “Pam in particular cannot stand him. Blanche either,” they said, referring to Attorney General Pam Bondi and her deputy, Todd Blanche.
Bondi and Blanche denied the characterization, and White House officials denied any plans to remove Director Patel from his position.
KASH PATEL’S FALSE START ON CHARLIE KIRK KILLER DRAWS SCRUTINY, BUT FBI NABBED SUSPECT IN THE END
But allies of President Trump and Patel’s harshest critics have begun to circulate word that contingency plans for Patel’s ouster are forming. They also claim his hopeful successor, Andrew Bailey, made clear that he would not leave his post as Missouri’s AG – or abandon his aspirations to run for state governor – only to serve as Patel’s number two.
Under the Federal Vacancies Reform Act of 1998, Bailey, who starts at the Bureau on September 15th, would be eligible to fill the FBI Director post – should it become vacant – after he has been employed by the FBI for at least 90 days.
Multiple sources close to Trump acknowledged the president was not thrilled with some past episodes of Patel’s performance – including a public feud with AG Bondi over the administration’s handling of the Jeffrey Epstein case. One senior White House official involved in personnel decisions also framed Patel’s botched communications during the manhunt for Charlie Kirk’s assassin as something Patel likely wished he could do differently, if he could do it all over again. Trump did not call for any action to be taken in response to it, the person said.
Patel’s purported off-ramp, which the White House denies, would not involve his firing but a reassignment to another administration role, according to multiple people who described it.
“He’ll get Billy Long-ed,” one person said. Less than two months after his Senate confirmation, recent former IRS Commissioner Billy Long was nominated to become the next U.S. ambassador to Iceland.
Such decisions would originate from the White House, and a senior official involved in decision-making there dismissed the allegations as baseless and even wishful thinking from figures who might benefit. Three sources also pointed out co-Deputy Director Dan Bongio’s days are more likely numbered than Patel’s, as he threatened to quit amid fallout from the Epstein feud with Bondi.
Bongino declined to respond to claims from anonymous sources. In a phone call, he emphasized the FBI’s accomplishments in the short tenure of the new administration, including the success of Operation Summer Heat against violent crime nationwide.
After DOJ leadership announced Bailey’s new position, Patel’s allies began quietly inquiring with figures inside and outside the administration about whispers of plans for his departure. Some of the claims were less whispers than shouts, with some going so far as to claim White House Chief of Staff Susie Wiles was supportive of plans to replace Patel.
Wiles strongly denied ever making such statements and described Kash as a friend of many years.
NEW FBI DEPUTY DIRECTOR ANDREW BAILEY BEGINS WORK ALONGSIDE BONGINO
Bailey said in a statement to FOX, “Any suggestion that I was brought in to replace anyone in leadership at the FBI or spin my appointment into a sign of division, is simply false – I am honored to serve the FBI and Department of Justice as we work together to keep our nation safe.”
Wiles also told FOX, discussions surrounding Bailey’s hiring pertained only to the co-deputy director job he is set to serve in, starting Monday.
Fox is told Patel has received ongoing guidance from Vice President JD Vance and Secretary of State Marco Rubio on improving his working relationship with Bondi. A senior White House official close to President Trump also expressed a desire for Patel to limit his presence on social media, given the gravity of the position he holds.
Patel’s conduct online sparked the latest flashpoint in concerns over his ability to effectively carry out his duties as FBI Director.
On Thursday, investigators in Orem, Utah delayed an afternoon press conference citing “rapid developments” as Patel jetted in from New York to appear alongside Gov. Spencer Cox. When officials took to the podium late in the evening, the FBI Director did not speak. Multiple sources told FOX he was forcefully instructed not to – adding that investigators had still not identified a suspect when the briefing was delayed.
The unusual field appearance from the FBI Director – which current and former agents say can grind time-sensitive fieldwork to a halt – followed Patel’s hasty announcement on social media Wednesday that “the subject for the horrific shooting today that took the life of Charlie Kirk is now in custody.” The news came as an apparent surprise to local authorities about to deliver an update in a televised briefing, who indicated the killer was still at large. Shortly after, the FBI clarified that two people had been questioned and released, and the search was ongoing.
“Total amateur hour,” one federal official said of the incident.
The back-to-back communications fumbles sparked fury from AG Bondi, Deputy AG Blanche, and the White House, multiple sources told FOX. On Friday, when authorities announced that the 22-year-old Utah man suspected of Kirk’s murder was in custody, Governor Spencer Cox took the leading role in handling the press. There was concern, one source told FOX, that “letting Kash talk much could f*ck up the prosecution”.
Asked about this, a DOJ source denied direct knowledge, but said successful prosecutions generally require limits on what is said about an investigation.
Bondi and Blanche told FOX in a joint statement, “We work with Director Patel every single day and fully support his leadership at the FBI. The suspect is in handcuffs today because of the outstanding work of Director Patel and our law enforcement partners. Any suggestion to the contrary does not reflect the reality of our strong working relationship and shared commitment to protecting the American people.”
But Patel’s performance as FBI Director was under the microscope long before Kirk’s horrific killing gripped the administration this week.
MAN ARRESTED FOR SICKENING ACT AT CHARLIE KIRK MEMORIAL OUTSIDE TURNING POINT HQ
On the same day Kirk was shot, three former high-ranking FBI officials filed a lawsuit accusing Patel, Bondi, and their agencies of unlawfully firing them as part of a political purge directed by the DOJ and the White House – something Patel promised against in Senate confirmation hearings.
The larger concern, according to those familiar with the litigation, is Patel allegedly wielded authority belonging solely to the president, citing Article II of the Constitution in dismissal letters he signed. The misstep, they say, creates a legal minefield for the FBI, DOJ, and Executive Office of the President.
“Either way, it’s bad: Kash cannot exercise the powers of the president, and the president can’t fire these officials,” a source with direct knowledge of the lawsuit said.
The filing reads, “Article II of the Constitution and the laws of the United States do not vest any such authority with the Director of the FBI. Article II provides authority for the President, and the President alone, to appoint principal officers, concomitant with the power to remove them “at will.” None of Plaintiffs are principal officers and, more importantly, the FBI Director is not the President.”
A senior law enforcement official said, “The admin could very well lose in court, and it will be because of Kash’s big mouth, making the president look like an ass.”
The Department of Justice declined to comment on the pending litigation. But legal limits on presidential power to remove officials from their posts are currently being tested in the courts. Recently, the Supreme Court allowed removals of political appointees at independent boards. Although the FBI officials involved in this case are not politically appointed, the scope of Article II authority is part of a live legal debate.
Some analysts reportedly note this case could wind up costing the president a deposition, citing Patel’s finger-pointing at Trump.
“[Patel] stated that Driscoll needed to understand that “the FBI tried to put the President in jail and he hasn’t forgotten it,” the lawsuit reads.
Patel stated that in order to keep his own job, he had to fire agents who had worked on investigations into President Trump regardless of their retirement eligibility status, according to the suit filed by Former Acting FBI Director Brian Driscoll, former Assistant Director in Charge (ADIC) of the Washington DC Field Office Steven Jensen, and Spencer Evans, a longtime FBI Special Agent in Charge (SAC).
The lawsuit, FOX is told, will likely now be referred to the DOJ Inspector General in what sources described as a ‘double-whammy’ for the administration. The Office of the Inspector General also declined to comment.
The subject could also come up when Patel testifies before House and Senate committees next week.
A source close to the attorney general described her focus as tirelessly fixated on the business of the DOJ.
In a statement to FOX, AG Bondi said, “Our only priority is to continue working together with the FBI to make America safer by ensuring murderers and violent criminals face the most severe justice. Director Patel and the FBI have worked tirelessly with my agencies and state partners, leading to the arrest of the suspect in the assassination of my friend, Charlie.
A spokesperson for the White House also chastised those stoking discussion of Patel’s ouster. “Director Patel and his team worked night and day to find this murderer and bring him to justice. Anyone who doubts his resolve and dedication – especially when Charlie was such a close friend to him- simply is using this extremely sad moment in a disgusting act of political gamesmanship. The focus was on catching this killer, and he will face the full wrath of the justice system,” Communications Director Steven Cheung said.
Still, Patel made plans on Friday to visit President Trump in Bedminster this weekend, as critical news reports about his performance began mounting.
Patel’s office declined to provide on-the-record comment. A source close to Patel acknowledged to Fox, “Yes, tensions were incredibly high yesterday and the day before. Yes, people were probably mad that things weren’t moving faster. Tensions have since subsided and things took a turn for the better today with the capture of Robinson.”
The source also said, “Over the past few months, Kash has built a positive relationship with Susie Wiles.”
Saturday, President Trump told Fox News Digital, “I’m very proud of the FBI. Kash – and everyone else – they have done a great job.”
Fox News’ David Spunt contributed to this report.
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