Trump opts for conventional DOJ screenings of nominees and transition team members

President-elect Trump has reached an agreement with the Biden administration’s Justice Department that will allow the transition team to submit names for background checks and security clearances. 

The screenings, typically conducted by the FBI, are normally a routine part of the transition process but Trump had dragged his feet in signing a memorandum of understanding. His team had floated the possibility of sidestepping the FBI background checks altogether, suggesting it would instead use private sector investigators, but ultimately decided to go the more conventional route. 

A Justice official confirmed the MOU was signed but did not offer details of the agreement. 

Trump just last week signed an MOU with the White House that will enable his transition operation to send “landing teams” into agencies throughout government, completing an agreement that is typically signed in October. That memo still bypassed many of the steps that normally take place during the transition period. 

Trump's transition team said the MOU with Justice marked the next step in preparing senior administration officials to serve under Trump and would allow for a smoother operation for its landing teams. Individuals serving on those teams must be disclosed to the Biden administration and receive clearance to enter federal buildings. It will also allow them easier access to government information as they "prepare for leadership of federal agencies," Trump's team added. 

“This agreement with the Department of Justice will ensure President Trump and his team are ready on Day 1 to begin enacting the America First agenda that an overwhelming majority of our nation supported on Election Day,” said Susie Wiles, Trump’s White House chief of staff-designate. 

Some lawmakers and observers had raised concerns that Trump would put government information at risk and generate other security concerns if he did not put his landing team members and nominees through the formal screening process. His campaign previously said it had concerns about Justice’s impartiality. 

The actual adjudication of whether to award a clearance is defined in statute as a governmental function and typically carried out at the agency level or, for presidential aides and staffers, the White House Office of Security. Trump could opt to supersede that process and award clearances to any of his aides or nominees.  

The president elect’s team has opted out of an ethics agreement with the General Services Administration, instead relying on agreements it set up internally that are now posted to GSA’s website. Trump’s nominees are also required to engage with the Office of Government Ethics to resolve any conflicts of interest. His team has not yet indicated if it will complete those steps.