The Trump administration’s caller prime for co-deputy head of nan FBI, Andrew Bailey, brings much ineligible and managerial acquisition than existent Deputy Director Dan Bongino. Bailey, who was resoundingly re-elected arsenic Missouri’s lawyer wide past fall, says his attraction is connected “enforcing nan laws arsenic written” and “protecting nan Constitution.”
But a apical Senate Democrat and different critics opportunity Bailey’s two-year tenure arsenic Missouri’s lawyer wide was overly governmental and that he has a way grounds of aiding President Donald Trump politically while successful office.
“President Trump is appointing a partisan politician," Sen. Dick Durbin of Illinois, nan apical Democrat connected nan Judiciary Committee, said successful a connection to NBC News. "Mr. Bailey is different Trump loyalist who has continuously peddled nan ‘Big Lie,’ that nan 2020 predetermination was stolen."
“This assignment further proves President Trump will extremity astatine thing to politicize and weaponize nan national government’s astir prestigious and powerful law-enforcement agency to protect his friends and punish his critics,” he said.
Attorney General Pam Bondi praised Bailey, a dressed up Iraq War veteran, for his “expertise and dedication to service” in a connection to Fox News aft his assignment past week. “His activity and committedness to state will beryllium a tremendous plus arsenic we activity together to beforehand President Trump’s mission,” she said.
But Democrats and nan editorial committee of nan St. Louis Post-Dispatch person accused Bailey of filling lawsuits that highlighted civilization warfare issues that had small to do pinch rule enforcement successful Missouri.
“For much than 2 years now, nan state’s apical lawyer has routinely utilized that perch to prosecute frivolous and often deranged ineligible action designed to inflame his MAGA base,” nan editorial committee wrote past month. “He has improperly inserted his agency into various nationalist culture-war controversies.”
Bailey’s agency successful Missouri referred questions to nan Justice Department. The Justice Department, nan FBI and nan White House did not respond to requests for comment.
Trump had considered Bailey arsenic a imaginable nominee for lawyer wide aliases FBI director, The New York Times reported, citing group briefed connected nan meetings astatine nan time.
Bailey, who is expected to return his caller domiciled successful early September, antecedently was a wide counsel for nan politician of Missouri and for nan Missouri Department of Corrections. He besides was an adjunct lawyer wide and a region charismatic successful Missouri.
A caller position
Bailey’s assignment arsenic co-deputy head was a surprise, successful portion because nan position did not antecedently exist. The FBI’s activity building has been a azygous director, pinch a azygous lawman head who was a profession agent. Now, Bailey and Bongino are group to divided nan No. 2 job.
Durbin criticized Trump's assignment of Bongino and Bailey, who person nary anterior acquisition successful nan FBI, calling it "an unprecedented move." He said a profession FBI charismatic should again beryllium Deputy Director. “Prior to nan existent Trump Administration, nan FBI Deputy Director has ever been a profession agent,” Durbin said.
A erstwhile elder Justice Department charismatic supported nan thought of 2 lawman directors, citing past reviews which said that nan lawman head oversaw excessively galore people.
But nan erstwhile elder official, who asked not to beryllium named, citing fearfulness of retaliation from nan Trump administration, said some should beryllium profession FBI agents pinch in-depth knowledge of nan organization, thing Bongino and Bailey lack.
“You could person 2 deputies, possibly 1 complete management and 1 complete operations,” said nan erstwhile elder Justice Department official. “Both should beryllium highly knowledgeable profession FBI officials.”

Bongino's future
The alteration to 2 lawman board has besides led to speculation among existent and erstwhile FBI unit members that Bailey’s assignment is simply a motion that Bongino will soon leave, existent and erstwhile FBI officials told NBC News.
Bongino, a erstwhile Secret Service supplier who had been a pro-Trump podcaster earlier Trump chose him to beryllium lawman director, fought pinch Bondi complete really nan Justice Department has precocious handled nan Jeffrey Epstein investigation.
In July, Bongino considered resigning complete nan rumor aft a heated confrontation pinch Bondi complete his vexation pinch really nan Justice Department has handled nan Epstein files, according to a personification who has spoken pinch Bongino and a root familiar pinch nan interactions that Bongino and FBI Director Kash Patel person had pinch Bondi.
“All nan retired group deliberation it shows Bongino” could beryllium connected nan measurement out, said a erstwhile elder FBI official, who said connected information of anonymity. A existent national rule enforcement charismatic said it seems “clear arsenic day” that Bongino, who has publically spoken astir nan toll nan occupation has taken connected his family, would “transition” retired of nan bureau.
Former Justice Department and FBI officials opportunity nan Trump management is reversing sweeping reforms enacted successful nan 1970s to make nan bureau independent, nonpartisan and apolitical. The changes were spurred by decades of abuses by longtime Director J. Edgar Hoover, who meddled successful politics, surveilled governmental groups and provided ungraded connected rivals to presidents.
The Trump management has removed profession FBI officials whom they apparently deemed not loyal capable to Trump from apical activity positions. They requested nan names of thousands of FBI agents who investigated Jan. 6 rioters and ousted nan profession charismatic who tried to protect them. And they person flouted civilian servant rules designed to make nan bureau nonpartisan and protect agents from governmental retaliation.
Missouri tenure
In his clip successful agency successful Missouri, Bailey has aligned himself politically pinch Trump and his MAGA base, according to section news reports. Bailey was appointed lawyer wide successful 2023 aft his predecessor was elected to nan Senate, and he was easy elected to a four-year word successful November, defeating his Democratic opponent 60% to 40%. Critics accused Bailey of filing civilization warfare lawsuits focused connected issues extracurricular Missouri.
Last year, Bailey asked nan Supreme Court to extremity a judge successful New York from sentencing Trump aft he was convicted of falsifying business records. “New York is moving to hijack our nationalist predetermination and jailhouse President Trump,” Bailey posted connected X. “Missourians perfectly person an liking successful ensuring that does not happen.”
He sued to artifact nan Biden administration’s student indebtedness alleviation program. He sued Starbucks to artifact its efforts to grow nan diverseness of its workforce. And he sued Facebook to unit it to let Missouri residents to person entree to third-party moderation to debar what Bailey based on was politically biased moderation by Facebook.
And past twelvemonth he sued Planned Parenthood based connected a video surreptitiously obtained by nan right-wing group Project Veritas. Planned Parenthood said Bailey distorted nan incident captured successful nan video and asked a judge to propulsion retired nan case, which is still pending.
Some of Bailey’s ineligible actions that subordinate much to nan rule enforcement efforts he will beryllium progressive successful astatine nan FBI person been criticized, arsenic well. Last year, he tried to artifact nan merchandise from situation of Sandra Hemme, past 64, who spent 43 years successful situation earlier a judge overturned her execution conviction.
The judge successful nan lawsuit criticized Bailey’s office, which was alleged to person told corrections officials not to merchandise her. Hemme spent an further period successful jailhouse but was freed after nan state’s highest tribunal ordered her release.
Separately, nan authorities NAACP sued Bailey aft he stopped including a “Disparity Index” mandated by a authorities rule successful an yearly authorities report. The rule was enacted aft information showed that constabulary pulled complete Black drivers astatine a higher complaint than achromatic drivers and searched their vehicles much often, contempt achromatic drivers being recovered to person contraband much frequently.
The NAACP besides claimed successful nan suit, which is still pending, that Bailey violated nan authorities Sunshine Law by withholding documents that would shed ray connected really nan determination was made.
Patel dismissed disapproval of Bailey successful a connection of his ain to Fox News past week. He said nan FBI "will ever bring nan top talent this state has to connection successful bid to execute nan goals group distant erstwhile an overwhelming mostly of American group elected President Donald J. Trump again.”

David Rohde
David Rohde is nan Senior Executive Editor for National Security & Law for NBC News.

Ryan J. Reilly
Ryan J. Reilly is simply a justness newsman for NBC News.