A growing number of GOP senators are signaling the Trump administration should avoid picking a current lawmaker to lead the FBI, even with a top colleague in the running.
Eight contenders, including Sen. John Cornyn (R-Texas), interviewed for the position over the weekend, and President Trump could announce his pick as soon as this week.
But some GOP senators — several of whom raised concerns about James Comey’s firing — are hinting that a current GOP lawmaker could send the wrong signal about the future of the embattled bureau.
{mosads}Sen. Susan Collins (R-Maine) — who stressed that she likes Cornyn — said she would prefer Trump nominate former Rep. Mike Rogers (R-Mich.) or Merrick Garland, former President Barack Obama’s last Supreme Court nominee, to lead the FBI.
“My own preference would be Mike Rogers, who is a former FBI agent and has been endorsed by the association of FBI agents. … He also is a former chair of the Intelligence Committee, which I think would be valuable expertise,” Collins told reporters on Monday night.
Collins added that Sen. Mike Lee’s (R-Utah) suggestion of Garland was a “brilliant idea.”
“Clearly, Judge Garland has the independence and integrity for the job, as well as the background,” she added.
Republicans blocked Garland from getting a hearing or a vote last year for his Supreme Court seat. But in addition to Collins and Lee, GOP Sens. Lindsey Graham (S.C.) and Orrin Hatch (Utah) have voiced support for him becoming the next FBI director.
Though Garland wasn’t included on a leaked list of FBI contenders being considered by Trump, the move would allow the president to fill another court seat on the powerful D.C. Circuit Court of Appeals.
Sen. Bob Corker (R-Tenn.) repeatedly demurred when pressed about Cornyn specifically but added that the White House had to pick someone widely viewed by everyone as “beyond reproach” and “loyal to one thing, and that is going to be our nation.”
“I think in this particular case they’ve got to go beyond, beyond expectations and appoint someone who coming in people would know … this was going to be someone who ran the FBI in a nonpartisan way,” Corker added when pressed if that meant ruling out someone like Cornyn or Rep. Trey Gowdy (R-S.C.).
He stressed that Trump’s nominee needs to “absolutely” be someone who could win over Democrats, adding that a nominee who only got GOP support “would be a huge, huge mistake.”
Democrats are already signaling they wouldn’t give Cornyn an easy confirmation just because they’ve worked with him on legislation. Senate Minority Leader Charles Schumer (D-N.Y.) told CNN over the weekend that “the nominee should be not a partisan politician, not part of either party.”
But Republicans could clear an FBI nominee without Democratic support. They have 52 seats in the Senate and would only need 50 — plus Vice President Pence to break a potential tie — to confirm Comey’s successor.
Sen. Tim Scott (R-S.C.) told The Washington Post that while “partisan folks” weren’t necessarily out of the running to lead the FBI, “there’s no question that the country seems to be — to find more confidence and credibility in someone who’s probably not involved in partisan politics.”
The trio is the latest group of GOP senators to signal that the Trump administration should focus on finding someone widely viewed as nonpartisan, a move that increasingly means looking outside of Congress.
Graham floated over the weekend that the Trump administration should look within the FBI as it tries to find a successor for Comey.
Graham also called out Cornyn specifically, stressing that while he liked the Texas senator, he didn’t think he was currently the right person for the job.
“John Cornyn is a wonderful man. Under normal circumstances, would be a superb choice to be FBI director,” he told NBC’s “Meet the Press. “But these are not normal circumstances. We’ve got a chance to reset here as a nation.”
But other GOP senators, including Sens. John McCain (Ariz.) and Thom Tillis (N.C.), said Monday that they had no problem with the idea of Cornyn ascending to the FBI role.
Asked if Cornyn’s political history should rule him out, McCain — who is also floating former Bush administration official Fran Townsend — told reporters: “No, I don’t think so. It doesn’t bother me.”
Sen. John Thune (R-S.D.) — who would be poised to succeed Cornyn as whip — noted it was the president’s decision to make, but he’s a “big fan” of the Texas Republican.
“He’s supremely qualified, obviously, from a law enforcement standpoint. He’s got good relationships on both sides of the aisle, ” the No. 3 GOP senator told reporters ahead of a meeting in Majority Leader Mitch McConnell’s (R-Ky.) office.
Cornyn said in a statement late last week that he was focused on his work in the Senate amid speculation that he could be poised to become the bureau’s chief.
He remained tight-lipped on Monday, declining to respond to comments from his colleagues that Trump shouldn’t pick a lawmaker.
“I just made a decision that I’m not really going to talk about all of this. I just think it’s not a good posture to be in,” he told reporters when pressed for details about his weekend interview.