The White House announced today that on Friday, President Obama will nominate Bush's Deputy Attorney General James Comey to head the FBI.
Deputy Attorney General James Comey gestures during a news conference in Washington. President Barack Obama is preparing to nominate former Bush administration official James Comey to head the FBI, people familiar with the decision said Wednesday, May 29, 2013.
Evan Vucci/AP/File
EnlargePresident Barack Obama on Friday plans to nominate President George W. Bush's former No. 2 at the Justice Department, James Comey, to lead the FBI as the agency grapples with privacy debates over a host of recently exposed investigative tactics.
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Comey is perhaps best known for a remarkable 2004 standoff over a no-warrant wiretapping program at the hospital bed of Attorney General John Ashcroft. Comey rushed to the side of his bedridden boss to physically stop White House officials in their attempt to get an ailing Ashcroft to reauthorize the program.
If confirmed by the Senate, Comey would serve a 10-year tenure and replace Robert Mueller, who has held the job since the week before the terrorist attacks on Sept. 11, 2001. Mueller is set to resign on Sept. 4 after overseeing the bureau's transformation into one the country's chief weapons against terrorism.
The White House said in a statement that Obama would announce his choice of Comey on Friday afternoon.
Comey was a federal prosecutor who served for several years as the U.S. attorney for the Southern District of New York before coming to Washington after the Sept. 11 attacks as deputy attorney general. In recent years he's been an executive at defense company Lockheed Martin, general counsel to a hedge fund, board member at HSBC Holdings, and lecturer on national security law at Columbia Law School.
The White House may hope that Comey's Republican background and strong credentials will help him through Senate confirmation at a time when some of Obama's nominees have been facing tough battles. Republicans have said they see no major obstacles to his confirmation, although he is certain to face tough questions about his hedge fund work, his ties to Wall Street as well as how he would handle current, high-profile FBI investigations.
The FBI is responsible for both intelligence and law enforcement with more than 36,000 employees. It has faced questions in recent weeks over media leak probes involving The Associated Press and Fox News; the Boston Marathon bombings; the attack at Benghazi, Libya, that killed four Americans; and two vast government surveillance programs into phone records and online communications.
The leaker of those National Security Agency programs, former NSA contractor Edward Snowden, also is the subject of an ongoing criminal investigation. And just this week Mueller revealed the FBI uses drones for surveillance of stationary subjects and said the privacy implications of such operations are worthy of debate.
Comey played a central role in holding up Bush's warrantless wiretapping program, one of the administration's great controversies and an episode that focused attention on the administration's controversial tactics in the war on terror.
In dramatic testimony to the Senate Judiciary Committee in 2007, Comey said he thought the no-warrant wiretapping program was so questionable that he refused to reauthorize it while serving as acting attorney general during Ashcroft's hospitalization. Comey said when he learned that the White House chief of staff and counsel were heading to Ashcroft's room despite his wife's instructions that there be no visitors, Comey beat them there and watched as Ashcroft turned them away.
"That night was probably the most difficult night of my professional life," Comey testified. He said he and Ashcroft had reservations about the program's legality, but he would not discuss details since the program was classified.
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