Director Wray Resigns

[Myradyl Muse]

News reports tonight that FBI Director Wray declared he is resigning at the end of Biden's term, January, when the cronies flounce in.
My perhaps naive Canadian question is:

Can Biden now demand the choice of immediate resignation or being fired and no dilly-dallying into January? If so, he can then effectively appoint a new ethically-lawful Director for the next 10 year period before the government changes hands. The 10 year periods were instituted to prevent this very political thing that Trump is now pressuring - push Directors to change with each new administration to suit the whims of a new President.

According to the reports, every Director has been a Republican for the past many cycles. Democratic Presidents appoint a Republican to avoid the appearance of bias/partisanship because the position and department are intended to be independent and non-political. Funny how then Republican Presidents also appoint a Republican replacement when the term ends during THEIR presidency. Interesting how they don't adopt the same fairness principle as the Democrats. Wow, why am I not surprised? No bias there, nuh-uh.

 

[Veritable Quandry]

Trump could fire anyone Biden put in office.

What he can't do is make his guy FBI director by recess appointment. Since the term of office is unexpired (as it is not a position that lasts only for the term of the President who appointed him) Trump's choice is to put a person serving in a Senate approved position (and none of his guys have been confirmed to anything yet) or the number 2 at the agency fills the post until the Senate confirms a replacement.

So no recess appointment option.

 

[Govi]

Trump could fire anyone Biden put in office.

What he can't do is make his guy FBI director by recess appointment. Since the term of office is unexpired (as it is not a position that lasts only for the term of the President who appointed him) Trump's choice is to put a person serving in a Senate approved position (and none of his guys have been confirmed to anything yet) or the number 2 at the agency fills the post until the Senate confirms a replacement.

So no recess appointment option.

If Wray made his resignation effective during the Congress' holiday recess, wouldn't that allow a Biden recess appointment? Didn't the law making the FBI Director's term 10 years also make it resistant to firing by the President? If it didn't, just what was the point, window-dressing? Or just preventing another dangerously interminable Hoover?