By choosing Mr. Comey, a Republican, Mr. Obama made a strong statement
about bipartisanship at a time when he faces renewed criticism from
Republicans in Congress and has had difficulty winning confirmation of
some important nominees. At the same time, Mr. Comey’s role in one of
the most dramatic episodes of the Bush administration — in which he
refused to acquiesce to White House aides and reauthorize a program for
eavesdropping without warrants when he was serving as acting attorney
general — should make him an acceptable choice to Democrats.
It is not clear when Mr. Obama will announce the nomination. Senior
F.B.I. officials have been concerned that if the president does not name
a new director by the beginning of June, it will be difficult to get
the nominee confirmed by the beginning of September, when Mr. Mueller by
law must leave his post.
The White House declined to discuss Mr. Comey on Wednesday. But
according to the two people briefed on the selection, Mr. Comey traveled
from his home in Connecticut in early May to meet with the president at
the White House to discuss the job. Shortly afterward, he was told that
he was Mr. Obama’s choice, and they met again for a further discussion.
Mr. Comey, 52, was chosen for the position over the other finalist, Lisa
O. Monaco, who has served as the White House’s top counterterrorism
adviser since January. Some Democrats had feared that if the president
nominated Ms. Monaco — who oversaw national security issues at the
Justice Department during the attacks in Benghazi, Libya, last September
— Republicans would use the confirmation process as a forum for
criticism of the administration’s handling of the attack.
In the 2004 episode that defined Mr. Comey’s time in the Bush
administration, the White House counsel, Alberto R. Gonzales, and Mr.
Bush’s chief of staff, Andrew H. Card Jr., sought to persuade Attorney
General John Ashcroft — who was hospitalized and disoriented — to
reauthorize the administration’s controversial eavesdropping program.
Mr. Comey, who was serving as the acting attorney general and had been
tipped off that Mr. Gonzales and Mr. Card were trying to go around him,
rushed to Mr. Ashcroft’s hospital room to thwart them. With Mr. Comey as
well as Mr. Mueller in the room, Mr. Ashcroft refused to reauthorize
the program. Mr. Bush later agreed to make changes in the program, and
Mr. Comey was widely praised for putting the law over politics.
According to testimony Mr. Comey provided to Congress in 2007, Mr.
Ashcroft rose weakly from his hospital bed when Mr. Gonzales and Mr.
Card approached and refused to approve the program.
“I was angry,” Mr. Comey said in his testimony. “I had just witnessed an
effort to take advantage of a very sick man, who did not have the
powers of the attorney general because they had been transferred to me. I
thought he had conducted himself in a way that demonstrated a strength I
had never seen before, but still I thought it was improper.”
Mr. Comey, whose nomination was first reported by NPR, will inherit a
bureau that is far different from the one Mr. Mueller took over a week
before the Sept. 11, 2001, attacks. In the aftermath of those attacks,
Mr. Mueller undertook the task of remaking the bureau into an
intelligence and counterterrorism agency from one that had concentrated
on white-collar crime and drugs. The number of agents has grown to
roughly 14,000 from 11,500 under Mr. Mueller, and the bureau has heavily
invested in its facilities and capabilities, improving its computer
systems, forensics analysis and intelligence sharing.
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