FBI Director Kash Patel is facing renewed scrutiny as the White House installed former Missouri Attorney General Andrew Bailey Monday in an unprecedented co-deputy role at the Bureau, multiple officials and news reports said, even as the administration publicly denies any plan to remove Patel.
The office for Bailey, who will begin work Sept. 15 and would be eligible to serve as acting FBI director after 90 days under the Federal Vacancies Reform Act, was created amid a swirl of anonymous accounts that contended senior Justice Department officials and some White House aides have lost confidence in Patel. White House and Justice Department spokespeople denied those claims, and Bailey released a statement saying his appointment was not intended as a signal of division.
The accounts, provided to Fox News by ten sources from multiple federal offices who spoke on condition of anonymity, said the decision to create the co-deputy post left FBI leaders confused and that contingency plans for Patel’s exit had been discussed privately by some allies of President Donald Trump and some of Patel’s critics. One source quoted in the reporting said Attorney General Pam Bondi and her deputy, Todd Blanche, lacked confidence in Patel; both DOJ officials denied that characterization.
Officials and allies cited a series of high-profile incidents as fodder for criticism, including Patel’s public communications during the manhunt for the suspected assassin of conservative commentator Charlie Kirk. Patel posted on social media that a suspect was in custody before local officials were prepared to confirm such an arrest; an FBI statement later clarified that two people had been questioned and released and the search was ongoing. Authorities later arrested a 22-year-old Utah man in connection with the killing.
Internal and external critics told reporters that Patel’s social-media commentary and field appearances — including a delayed FBI press conference in Orem, Utah — raised concerns that his public statements could interfere with investigations or prosecutions. Justice Department and White House officials said successful prosecutions typically require careful limits on what is said publicly about active cases; officials close to Patel disputed any suggestion that his actions jeopardized prosecutions.
The controversy over Patel’s communications coincided with mounting legal and personnel disputes. Three former high-ranking FBI officials filed a lawsuit the same day Kirk was shot, accusing Patel, Bondi and the agencies of unlawfully firing them as part of a politically motivated purge. The plaintiffs allege Patel signed dismissal letters that purported to wield the president’s authority under Article II of the Constitution — authority the suit says the FBI director does not possess. The lawsuit seeks unspecified remedies and is expected to draw scrutiny from the Justice Department inspector general and congressional committees.
Legal experts say the suit raises questions about separation of powers and the limits of administrative authority, though those issues are already the subject of other ongoing court battles. The Department of Justice and the Office of the Inspector General declined to comment on pending litigation.
Some sources told reporters that Bailey, a former Trump pick for FBI director who remains Missouri’s attorney general and has gubernatorial ambitions, made clear he would not drop his political plans simply to serve as a deputy. Under the Federal Vacancies Reform Act of 1998, Bailey would be eligible to serve as acting FBI director only after being employed at the Bureau for at least 90 days.
Other officials said Dan Bongino, who serves as co-deputy director alongside Bailey under the power-sharing arrangement, may also be vulnerable; anonymous sources said Bongino threatened to resign amid earlier conflicts with Bondi over how the administration handled the Jeffrey Epstein case. Bongino did not respond to requests for comment. A photo of Bongino has been circulated with coverage of the changes.
Inside the White House, officials described efforts to manage tensions. A senior White House official told Fox News that Patel had received guidance from Vice President J.D. Vance and Secretary of State Marco Rubio on improving his working relationship with senior DOJ officials, and that aides urged him to limit social-media activity. White House communications staff also publicly defended Patel’s role in the Kirk investigation and praised the FBI’s work.
Patel’s defenders pointed to operational results under his tenure, including a Department of Justice operation billed as having reduced violent crime. President Trump, according to Fox News Digital, expressed support for Patel and praised the FBI’s work when asked about the matter.
The leadership turmoil arrives as Patel prepares to testify before House and Senate committees next week. His testimony is expected to touch on the Kirk investigation, personnel decisions at the Bureau, and questions arising from the lawsuit by former FBI officials. Officials said any deliberations about reassigning Patel would be decisions reserved to the White House; the White House called suggestions of an ouster baseless.
As the dispute plays out, Justice Department officials and lawmakers will watch whether the new co-deputy arrangement stabilizes FBI leadership or deepens internal divisions. Legal proceedings and congressional oversight could further shape any outcome for Patel and his critics, and the inspector general may review alleged abuses of authority named in the lawsuit.
Patel’s office declined to provide on-the-record comment. Bailey said in a statement that suggestions he was brought in to replace anyone were false and that he was “honored to serve the FBI and Department of Justice as we work together to keep our nation safe.” The White House urged focus on law enforcement work rather than personnel disputes as investigators continue to pursue leads in the Kirk case and other high-profile matters.