Boris Epshteyn (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Boris Epshteyn is an attorney and MAGA-land fixture — who may or may not actually represent the former president Donald Trump. He even made a pitstop in Biglaw (Milbank) before turning to politics. But he’s making headlines for some unconventional advice — some might even say it’s downright dangerous.
As reported by the New York Times, a memo being pushed by Epshteyn is circulating in the GOP contender’s circle suggesting that, if elected, Trump do away with FBI checks for appointees needing security clearance instead farming the job to private security firms.
What You Didn’t Learn In Law School
How do you keep up with the competition? Share your perspective in this brief survey to help us benchmark your lifelong training in professional skills. As a thank you, qualified respondents receive a chance to win a $250 gift card.
But it would allow him to quickly install loyalists in major positions without subjecting them to the risk of long-running and intrusive F.B.I. background checks, potentially increasing the risks of people with problematic histories or ties to other nations being given influential White House roles. Such checks hung up clearances for a number of aides during Mr. Trump’s presidency, including Mr. Trump’s son-in-law Jared Kushner and Mr. Epshteyn himself.
Well, we wouldn’t want a potential Epshteyn White House Counsel role being held up by something like an indictment in the Arizona fake-elector scheme.
The potential for everything with this plan to go pear-shaped was quickly noted.
Seems like a good idea.
If you’re a felon yourself.
Or the Kremlin.
Who needs a background check?
What could possibly go wrong?https://t.co/cMu7dHq7hM
— Adam Schiff (@SenAdamSchiff) October 28, 2024
AI Is Reshaping Legal Practice—But Tools Aren’t The Real Differentiator.
Explore the mindset, cultural shifts, and training strategies that define the AI‑savvy lawyer, revealing why human judgment, standardized competence, and integrated learning—not technology alone—will shape the future of the profession.
As the Times is quick to point out, Trump hasn’t explicitly backed the proposal. And when asked about it, Trump spokesperson Steven Cheung responded with a doublespeak attack on Democrats instead of just responding.
Asked about the proposal, Steven Cheung, a spokesman for the Trump campaign, responded with an attack on Vice President Kamala Harris, saying she and Democrats “have weaponized the Department of Justice to attack President Trump and his supporters” and that Mr. Trump would use “the full powers of the presidency” to build his administration starting on Inauguration Day.
And let’s be clear — in a sane timeline, the spokesperson of a major party’s presidential nominee would quickly and loudly just deny it because eliminating law enforcement’s role in security clearances is patently absurd. But that is not the world we live in, and this is far from the most ridiculous and authoritarian thing Donald Trump will do if elected next week.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].