Posted on 11/30/2016 5:42:52 AM PST by McGruff
The Congressional Research Service is the research arm of congress and its reports are considered to be authoritative. They provided a good analysis of the issue. I’ll see if I can find my earlier post about it and send it to you.
And yes, there is precedent for replacing the FBI Director prior to expiration of his term.
Here’s the post I was referring to. The link to the full CRS report is at the bottom.
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The Congressional Research Service noted in a 2014 report that There are no statutory conditions on the Presidents authority to remove the FBI Director. More specifically, it stated the following:
Accordingly, the principles discussed above establish that the President may remove the Director of the FBI at will, given that the power of removal [is] incident to the power to remove. Indeed, President Bill Clinton exercised this removal power on July 19, 1993, by firing FBI
Director William S. Sessions. In particular, upon receiving a recommendation from Attorney General Janet Reno that Sessions be removed, President Clinton informed Sessions: I am hereby terminating your service as Director of the Federal Bureau of Investigation, effective immediately.
It should also be noted that during Senate consideration of the 1976 measure, Senators Byrd and Hruska emphasized several times that there is no limitation on the constitutional power of the President to remove the FBI Director from office within the 10-year term. The Director would be subject to dismissal by the President as are all purely executive officers.
https://www.fas.org/sgp/crs/misc/R41850.pdf
J Edger was fired by both Kennedy and Johnson, yet he died in office.
Thanks for that.....
I haven’t run into anything like that but for some reason the search engines are taking time off...
I remember there was no love lost between Hoover and the Kennedys but I don’t remember a firing by either LBJ or JFK..It couldn’t have been very successful if he was still in office when he died as I seem to recall also..
The Hoover files were burned after he died. Bobby Kennedy hated J Edger and Lyndon learned to live with him. I don't know how far the legal process went but both o he announced that Hoover would leave. As others here noted Clinton did fire Sessions at the request of Janet Reno, with out a problem.
“J Edger was fired by both Kennedy and Johnson, yet he died in office.”
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What is your source for that? Kennedy and Johnson never fired him, although they may have wanted to. You are correct, however, that he died in office (1972).
Please see comment #42. That should dispel any misconceptions about whether or not the FBI Director can be fired.
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