Term Limits: FBI

FBI directors are nominated by the president of the United States and confirmed by the U.S. Senate.

FBI directors are limited to serving no more than 10 years in the position unless granted a special exception by the president and Congress. The 10-year term limit for the Federal Bureau of Investigations chief executive has been in place since 1973.

Robert Mueller, the special counsel investigating possible Russian interference in the 2016 Presidential election,The term limit for FBI directors was put into place following the J. Edgar Hoover’s 48 years in the position.

Federal Bureau of Investigation directors (1935 to present)

The FBI became an independent service within the Department of Justice in 1935.In the same year, its name was officially changed to the present-day Federal Bureau of Investigation, or FBI, with J. Edgar Hoover receiving the current title of Director of the Federal Bureau of Investigation. Since 1972, Senate confirmation of nominee has been required.

Picture Name Term Length Notes President(s)*
1 Hoover-JEdgar-LOC.jpg J. Edgar Hoover July 1, 1935 – May 2, 1972 36 years, 306 days Director of the FBI; died from a heart attack at his Washington, D.C., home on May 2, 1972; Only FBI director to have died in office Franklin D. RooseveltHarry TrumanDwight EisenhowerJohn F. KennedyLyndon JohnsonRichard Nixon
Clyde Tolson.jpg Clyde Tolson
(Acting)
May 2, 1972 – May 3, 1972 1 day Acting Director of the FBI Richard Nixon
Patrickgrey.jpeg L. Patrick Gray
(Acting)
May 3, 1972 – April 27, 1973 359 days
William Ruckelshaus.jpg William Ruckelshaus
(Acting)
April 30, 1973 – July 9, 1973 70 days
2 Clarence M. Kelley.jpg Clarence M. Kelley July 9, 1973 – February 15, 1978 4 years, 221 days Retired Richard Nixon; Gerald FordJimmy Carter
Jbadams.jpg James B. Adams
(Acting)
February 15, 1978 – February 23, 1978 8 days Associate Director of the FBI; Acting Director Jimmy Carter
3 Williamwebster.jpg William H. Webster February 23, 1978 – May 25, 1987 9 years, 91 days Left FBI to become Director of Central Intelligence; only person to have held both positions Jimmy Carter; Ronald Reagan
Otto-lg.jpg John E. Otto
(Acting)
May 26, 1987 – November 2, 1987 160 days Deputy Director of the FBI; Acting Director Ronald Reagan
4 William S. Sessions.jpg William S. Sessions November 2, 1987 – July 19, 1993 5 years, 259 days Dismissed by President Bill Clinton Ronald Reagan; George H.W. BushBill Clinton
Clarke-lg.jpg Floyd I. Clarke
(Acting)
July 19, 1993 – September 1, 1993 44 days Deputy Director of the FBI; Acting Director Bill Clinton
5 Louisfreeh.jpeg Louis Freeh September 1, 1993 – June 25, 2001 7 years, 297 days Resigned Bill Clinton; George W. Bush
Pickard-lg.jpg Thomas J. Pickard
(Acting)
June 25, 2001 – September 4, 2001 71 days Deputy Director of the FBI; Acting Director George W. Bush
6 Director Robert S. Mueller- III (cropped).jpg Robert Mueller September 4, 2001 – September 4, 2013 12 years, 0 days George W. Bush; Barack Obama
7 James Comey official portrait (cropped).jpg James Comey September 4, 2013 – May 9, 2017 3 years, 247 days Dismissed by President Donald Trump Barack Obama; Donald Trump
Andrew McCabe official photo (cropped).jpg Andrew McCabe
(Acting)
May 9, 2017 – August 2, 2017 85 days Deputy Director of the FBI; Acting Director Donald Trump
8 Chris Wray official photo (cropped).jpg Christopher A. Wray August 2, 2017 – present 229 days 110 days

Hoover died in office, and afterward, it became clear that he had abused the power he amassed over the course of nearly five decades.

As The Washington Post put it:

“… 48 years of power concentrated in one person is a recipe for abuse. It was mostly after his death that Hoover’s dark side became common knowledge — the covert black-bag jobs, the warrantless surveillance of civil rights leaders and Vietnam-era peace activists, the use of secret files to bully government officials, the snooping on movie stars and senators, and the rest. Hoover’s name, carved in stone at the FBI headquarters on Pennsyl­vania Avenue, should serve as a caution to the public and the dedicated professionals who work inside. The FBI’s license to intrude into people’s lives gives it a special public trust. If the daily reminder of Hoover’s excesses can help impart that message, it will be the best safeguard for the positive side of his legacy: a modern, professional, science-based and accountable detective force serving the public interest.”

Image result for lbj
The Omnibus Crime Control and Safe Streets Act of 1968 was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance Administration (LEAA). Title III of the Act set rules for obtaining wiretap orders in the United States.
What the Term Limit Law Says

The 10-year limit was one provision in the Omnibus Crime Control and Safe Streets Act of 1968. The FBI itself acknowledges that the law was passed “in reaction to the extraordinary 48-year term of J.Edgar Hoover.”

Congress passed the law on Oct. 15, 1976, in an attempt to “safeguard against improper political influence and abuses,” as Republican U.S. Sen. Chuck Grassley once stated.

“Effective with respect to an individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term.”

Related image
Robert Mueller, the special counsel investigating possible Russian interference in the 2016 Presidential election

Exceptions

There are exceptions to the rule. FBI director Robert Mueller, appointed to the post by President George W. Bush just before the terrorist attacks of September 11, 2001, served 12 years in the post. President Barack Obama sought a two-year extension to Mueller’s term given the nation’s heightened concern about another attack.

“It wasn’t a request I made lightly, and I know Congress didn’t grant it lightly. But at a time when transitions were underway at the CIA and the Pentagon and given the threats facing our nation, we felt it was critical to have Bob’s steady hand and strong leadership at the bureau,” Obama said.

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