Donald Trump’s transition team has finally signed an agreement with the Department of Justice, paving the way for background checks on future administration members.
The memorandum, announced on Tuesday, comes weeks behind schedule. Typically, such agreements are finalized before the election. The delay has so far prevented the FBI from conducting vetting procedures on Trump’s Cabinet picks and stalled the issuance of security clearances for transition staff.
As of now, Trump’s future Cabinet members have been barred from accessing classified information, even though the transition team gained access to federal agencies last week. Additionally, the lack of preliminary checks has exposed some nominations to controversies that surfaced only after their public announcement. For instance, Pete Hegseth, Trump’s pick for Defense Secretary, has faced accusations of mismanaging a veterans’ advocacy group. Meanwhile, former Rep. Matt Gaetz withdrew his nomination for Attorney General amid allegations of sexual misconduct.
The agreement with the Department of Justice has been welcomed by Republican lawmakers, who see it as a step forward in breaking the deadlock. “I think that’s good—it’ll save them some headache and give the public and senators a little comfort,” said Senator Kevin Cramer.
The memorandum with the Department of Justice isn’t the only delayed document. Last week, Trump’s team signed an agreement with the outgoing White House to gain agency access, but they have yet to finalize a separate protocol with the General Services Administration (GSA). That agreement would provide federal funding, office space, and cybersecurity support in exchange for commitments to transparency and ethics.
The Department of Justice agreement will now allow the FBI to conduct thorough background checks on the nominees, with findings submitted to the Senate as part of the confirmation process. Standard procedures dictate that checks should be completed before public announcements of nominations to uncover potential legal or financial issues that could jeopardize Senate approval.
The challenges faced by Trump’s transition team highlight a historically fraught relationship with the Department of Justice and the FBI, dating back to investigations into Russian interference in the 2016 election. Those tensions have only deepened with recent federal charges against the former president.