Andrew Bailey, the former Missouri attorney general once floated for the FBI’s top job, will be sworn in Monday, September 15, 2025, to a new power-sharing role with deputy director Dan Bongino, according to multiple officials.
The arrangement lands at a precarious moment for FBI Director Kash Patel, whose leadership is under scrutiny, even as the White House and Justice Department publicly insist he is staying put.
Fox News Digital reported the internal jockeying and denials, citing ten sources across federal offices.
A new seat at the table
Bailey’s post, described to staff as a co-deputy director function aligned with Bureau operations, startled senior managers who said they had not been briefed on the rationale.
Two FBI officials said the creation of the office was unprecedented and left leadership puzzled. The White House did not provide a formal explanation, while Attorney General Pam Bondi and Deputy AG Todd Blanche rejected claims they lack confidence in Patel.
Behind the scenes, allies and critics of Patel have traded competing narratives. Several Trump-aligned figures argue contingency plans for an eventual leadership change are circulating.
Others say Bailey accepted the new role only on the understanding that he would not be a permanent number two. Bailey pushed back in a statement, calling any suggestion he was brought in to replace someone “simply false,” and said he is honored to serve the FBI and the Department of Justice.
Succession math and the Vacancies Act
Under the Federal Vacancies Reform Act of 1998, an official who joins an agency becomes eligible to fill a vacant Senate-confirmed post after 90 days of service.
Bailey starts September 15, which would make him eligible in mid-December if the director’s chair were to open. The Vacancies Act framework is outlined by Congress and legal reference guides, and it governs how acting officials can be designated in covered positions.
That timeline is part of what has fueled speculation about the White House’s options if it ever chose to shift Patel to another assignment.
The White House, for its part, says there are no such plans. A senior official involved in personnel decisions called the chatter baseless and described it as wishful thinking by those who might benefit from Patel’s removal.
Week of missteps, and a defense
The temperature rose after a bruising 48 hours in the Charlie Kirk homicide investigation. On Wednesday, Patel posted that a suspect was in custody just minutes before local authorities briefed the press that the killer was still at large.
The Bureau later clarified that two people had been questioned and released, and the manhunt continued. On Thursday, Patel flew to Utah and appeared at a late-evening podium with Gov. Spencer Cox, but he did not speak. Several officials said he was told not to, arguing public remarks could jeopardize the case.
Critics called it “total amateur hour.” Bondi and Blanche, however, issued a joint statement saying they work with Patel “every single day” and fully support his leadership, crediting the FBI and partners for the arrest the following day of a 22-year-old Utah man in Kirk’s killing.
The White House communications shop added that Patel’s team “worked night and day” to catch the murderer and that those casting doubt were engaging in political gamesmanship amid tragedy.
Old feuds and new lawsuits
The director’s handling of the Epstein portfolio months earlier had already generated friction with Bondi, according to several people familiar with their relationship.
The week’s events revived that history and amplified calls from some inside the administration for Patel to scale back his social media presence. Advisers, including Vice President J.D. Vance and Secretary of State Marco Rubio, have reportedly counseled him on rebuilding trust with the attorney general.
Complicating matters is a fresh lawsuit filed by three former senior FBI officials. The complaint accuses Patel, Bondi and their agencies of unlawful firings tied to a political purge and argues Patel cited Article II presidential authority in letters that, plaintiffs claim, exceeded his powers as director.
Legal limits on removal authority are an active area of litigation across the administrative state, and the case could draw an inspector general review. DOJ declined to comment on pending litigation.
Patel’s allies answer that personnel actions were lawful and appropriate. They note that recent Supreme Court decisions have clarified removal at certain independent entities and argue the Bureau must be able to replace managers who lack the confidence of the elected administration. The filing is expected to surface at Patel’s upcoming House and Senate appearances.
Bongino’s role and “Operation Summer Heat”
Attention has also turned to Dan Bongino, who shares deputy duties and, according to several officials, threatened to quit during earlier disputes tied to the Epstein matter.
Bongino declined to address anonymous claims, pointing instead to the Bureau’s recent results, including Operation Summer Heat, a nationwide push against violent crime. Supporters say the operation shows the current leadership is delivering on core law-enforcement priorities even amid political crossfire.
With Bailey’s arrival, the deputy lane gets more crowded. DOJ officials said the new structure is designed to increase tempo and clear bottlenecks. Skeptics see a staging area that preserves options if the administration decides, months from now, to reshuffle the top of the Bureau without a public firing.
Inside the personnel chessboard
Multiple figures in and around the West Wing dismissed talk of an imminent ouster and warned that feeding palace-intrigue narratives harms ongoing cases.
Still, the rumor mill has not stopped. Some describe a potential “off-ramp” for Patel that would resemble the rapid reassignment of other Senate-confirmed officials in recent years, moving them to diplomatic posts or cabinet-adjacent roles. Others counter that Patel has the president’s support and that the episode in Utah, while messy, ended with a swift arrest and no lasting damage to the prosecution.
Susie Wiles, the White House chief of staff, rejected claims she backs replacing Patel and described him as a longtime friend. Bailey, for his part, praised Patel publicly and thanked DOJ leadership for the chance to serve. Inside Main Justice, officials insist that the only active personnel change is Bailey’s installation as co-deputy director on Monday.
What to watch next
Three tracks will shape Patel’s immediate future. First, the Hill hearings next week, where lawmakers are certain to press him on the Kirk case communications, the lawsuit, and Bureau priorities. Second, the inspector general questions, if any, that spin out of the litigation over removals.
Third, the operational picture, including whether the FBI maintains momentum on violent-crime and counterintelligence targets while managing high-profile cases without public stumbles.
For all the intrigue, the only on-the-record signals from the top are supportive. “I’m very proud of the FBI,” President Donald Trump said Saturday. “Kash, and everyone else, have done a great job.”
Whether that political capital holds through the fall will depend on case outcomes, steadier communications, and whether Bailey’s new portfolio reduces friction or expands it.
If the Vacancies Act clock matters later, Bailey would pass the 90-day threshold in mid-December. Until then, he is another set of hands on the Bureau’s bridge.
Patel remains the director, answerable for wins and missteps alike, with friends urging restraint online and critics whispering about timelines. The knives are out, but the job is his, and Monday’s ceremony will put a new deputy at his side as the fight over the FBI’s direction continues.
