Dem
47
GOP
53
FBI background checks on Cabinet-level nominations used to be standard. They are not in the Constitution (of course, the Cabinet is not in the Constitution either) but have been done for generations. Donald Trump is talking about skipping them, nominally to speed up the confirmation process, but in reality because he probably knows the kind of sleazy people he is choosing are likely to have multiple red flags turn up that the senators might not like.
So what's a senator to do? Sen. Michael Crapo (R-ID), who will chair the Senate Finance Committee, which will vet some of the nominees, including Robert F. Kennedy Jr., had this to say: "My position is what President Trump decides to do is what I will support." Is this a United States senator or a talking trained squirrel? Apparently he missed class at Harvard Law School the day the professor was discussing the concept of the Senate's responsibility to "advise and consent."
Other senators have said that background checks are important, but haven't said that they will insist on FBI checks. The poop will hit the ventilator when Trump submits a nominee who has been thoroughly vetted by Melania, when she invited him over for tea.
Needless to say, if Trump forces the issue, which is likely, then once one candidate has been approved without an FBI check, Trump will demand that all of his candidates be approved without an FBI check. Trump can also grant security clearances just by doing so, with no background check.
The senators are not thinking ahead. That is not unusual for politicians, but most senators aren't newbies to politics and ought to be doing so. Given how scummy Trump's picks have been, reporters are going to be out there doing their own background checks. It is certainly possible that all of the nominees are purer than the driven snow, but we have our doubts. All kinds of scandals could come out after someone has been confirmed. There could be sexual assaults with multiple witnesses, financial scandals, criminal convictions, and heaven knows what else. If so, there will be demands from Democrats and the media that so-and-so resign due to some scandal. They will probably refuse. Then the senators will own the nominations and their willingness to overlook various scandals could become a major issue in the midterm elections. It's not hard to imagine some Democrat campaigning on: "Sen. X voted to confirm a sexual predator to run [X]. The senator failed miserably to do his job. Time to replace him."
Late yesterday it was announced that the transition team had signed a memorandum of understanding that will allow the team to submit certain names for background checks and security clearances. Some positions require clearances but most do not. What this means in practice remains to be seen. (V)