The Top Unmentioned Obama Replacement: Robert Mueller

A slew of second-term cabinet speculation articles have come out (National Journal, first posted before the election, and NYT and USAT today).

And while they seem to indicate Jack Lew is likely to replace TurboTaxTimmeh Geithner and Secretary of State will be the subject of active speculation for some time (with intriguing speculation that Howard Berman, who lost to Brad Sherman in CA, might be under consideration), one key role–albeit not of cabinet level–is missing:

FBI Director.

After all, Robert Mueller is already 2 years beyond his sell by date; Obama extended his term to get past the election (he said). And regardless of rank, the FBI Director is one of the most important figures in the increasingly powerful surveillance state.

And there have been some very troubling names mentioned in discussions to replace him, including NYPD’s Ray Kelly, who would really be the second incarnation of J Edgar Hoover’s abusive power. There had been speculation that Patrick Fitzgerald wanted the job, but his decision to join Skadden Arps just before the election suggests he knew he wasn’t going to get that job.

Particularly given Eric Holder’s apparent increasing doubt that he’ll stick around, we have the possibility of seeing something worse–all the capitulation we got from Holder in the first term, plus and FBI Director who has none of the claimed measure of Mueller (though I’ve always had my doubts about those claims).

A new FBI Director (which is guaranteed), particularly if it came with a new Attorney General, could either set a dramatic new course or harden in the old course. And I fear it is most likely to be the latter.

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Emptywheel Twitterverse
emptywheel @SarahKnuckey So much for CIA's vaunted relative accuracy over DOD.
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emptywheel @ovelarsen I'm of the opinion that as soon as we think of these entities as distinct we stop seeing the big picture. @trevortimm
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JimWhiteGNV RT @MasaccioFDL: What do people in Kansas City think about guns? Could they think they have the right not to be shot by crazies? http://t.c…
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bmaz @BradMossEsq Also could've used existing UCMJ military system, which also would've been better. But both those options had too much fairness
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bmaz @JONF34 @AppellateDaily We did by electing idiots!
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bmaz RT @J_T_Horowitz: .@SarahKnuckey Lots 2 speculate about Maybe deemed proportionate But that wouldn't follow #Obama rules or explain Y not w…
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bmaz @JONF34 @AppellateDaily Yes, it has actually been the law for a while. Insane, but there it is.
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bmaz @walterwkatz @radleybalko And unfortunately, thats exactly how exceptions for, and expansions of, general govt power trickle down to street
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bmaz RT @AppellateDaily: 9th Cir.-DUI: It’s a crime to refuse blood test on U.S. land, http://t.co/XwWE6CzDIN
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bmaz Chief Judge Garland+DC Cir lay down some hurt onDOJ for handling of Slatten Blackwater prosecution http://t.co/jHuoZvyssG h/t @MikeScarcella
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bmaz Pieces expensive, broken+don't really fit together RT @fpleitgenCNN They sell @Redskins Russian doll sets in Ukraine! http://t.co/P4xRMIC3p6
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bmaz @evanperez @fpleitgenCNN @Redskins If true to form, the pieces are quite expensive and don't really fit together.
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