why does he need to be confirmed then? Not sure I understand about how FBI connects to the Executive branch.
Seems like Trump could replace the FBI with Federal Marshals or anything else etc. at his pleasure since a president created it out of earlier departments.
(quote from WP)
Legal authority
“The FBI’s mandate is established in Title 28 of the United States Code (U.S. Code), Section 533, which authorizes the Attorney General to “appoint officials to detect and prosecute crimes against the United States.”[57] Other federal statutes give the FBI the authority and responsibility to investigate specific crimes.”
It does seem that DOJ completely controls the FBI and at anytime could make additions, changes or delete to its structure and personnel at POTUS’s pleasure. Congress would have no authority over it and only the DOJ head would have to deal with them.
Fire all FBI top tier temporarily, hire them back after individual interviews into a new structure with no single director under tight DOJ and Marshals trusted individuals.
Lots of people have to be confirmed. It doesn’t make them a cabinet member. The FBI falls under the DOJ. The DOJ is headed up by the AG, who is a cabinet member. The FBI is not independent. It is a mere bureau inside the DOJ, and executive branch agency.
There are huge numbers of people who have to be confirmed that do not rise to cabinet level. I think he could indeed bypass the FBI in many ways that he thought were effective.