GOP senators are already balking at Trump’s pick of Matt Gaetz for attorney general

Republican senators reacted with shock and incredulity to the news that Donald Trump wants Matt Gaetz to be attorney general.

Rep. Matt Gaetz of Florida speaks on Capitol Hill in Washington, March 12, 2024. President-elect Donald Trump is nominating Mr. Gaetz for the post of Attorney General.

Nathan Howard/AP/File

November 13, 2024

President Trump’s pick of Florida Rep. Matt Gaetz for attorney general was met with shock and incredulity from some Senate Republicans, a sign that his nomination faces an uphill battle in the Senate.

“He’s got his work cut out for him,” Iowa Republican Sen. Joni Ernst told reporters shortly after Mr. Trump announced Mr. Gaetz’s nomination Wednesday afternoon.

Mr. Gaetz, a deeply controversial congressional Republican firebrand who is currently under investigation by the bipartisan House Ethics Committee for allegations of sexual misconduct and the use of illicit drugs, is now in line to run the immensely powerful Department of Justice – the same organization that had investigated him for allegations of sex trafficking (its attorneys declined to press charges early last year).

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But Mr. Trump has made abundantly clear that he wants committed loyalists running his administration, after complaining that his previous picks for attorney general refused to bend the knee to him. He’s said that his pick of Attorney General Jeff Sessions was the “biggest mistake” of his first term in office. He reportedly had to be talked out of firing another attorney general so he could install a loyalist to help his efforts to overturn his 2020 election loss. And he has griped for years about the multiple criminal investigations he himself has faced – including two launched by the current Justice Department, into his conduct following the 2020 election and his alleged mishandling of classified documents.

Mr. Trump has also signaled he wants to rein in the independence of the Justice Department. Whether Mr. Gaetz makes it through confirmation or not, this pick signals that Mr. Trump wants an unwavering ally in the top law enforcement role in the country.

“Few issues in America are more important than ending the partisan Weaponization of our Justice System,” Mr. Trump said in a statement announcing Mr. Gaetz’s nomination. “Matt will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department.”

It appears that Senate Republicans will have 53 Senate seats in the upcoming congressional session, meaning that they will be able to lose no more than three senators on any nomination in order to confirm them into the Trump administration. Judging by Republican senators’ initial reaction, far more than that might be ready to vote against him.

The two moderate Republicans left in the Senate sounded deeply incredulous.

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Maine Sen. Susan Collins, a moderate Republican who voted against some of Mr. Trump’s 2017 nominees, told reporters that she was “shocked” when she heard the news.

“It’s a completely unexpected nomination,” Senator Collins told the Monitor as she exited the Senate floor, mentioning the ongoing Ethics Committee investigation.

“Obviously, the president has the right to nominate whomever he wishes,” she continued. “But this is why the background checks that are done by the FBI and the advice-and-consent process in the Senate and public hearings are all so important.”

“Do you think he’s a serious candidate?” Alaska Republican Sen. Lisa Murkowski, another moderate who has sparred with Mr. Trump, asked reporters. When the question was put back to her, she replied: “Not as far as I’m concerned.”

Even some more reliable votes for Mr. Trump’s nominees in the past sounded less than sold on his choice of Mr. Gaetz for AG.

“We’ll do our job here. We have a constitutional role. And he’ll be vetted and come before the Judiciary Committee. I assume we’ll have some questions for him,” Texas Sen. John Cornyn, a Republican member of that committee, told reporters. “I think we have to consider any nominee by the president seriously, but we also have a constitutional responsibility.”

South Carolina Sen. Lindsey Graham, a Trump ally and former military lawyer who serves on the Judiciary Committee, said he hadn’t been consulted about the pick and was “a little bit” surprised by it.

“The confirmation hearing will be important. He’ll have some tough questions to answer,” he said.

The appointments will be a crucial early test for South Dakota Sen. John Thune, whom Senate Republicans voted in as their new party leader on Wednesday just hours before Mr. Gaetz’s nomination was announced. Mr. Trump has been demanding that the Senate allow him to make recess appointments, which could give him a route to install Mr. Gaetz into that powerful position.

If Republicans do buck their president-elect and vote down Mr. Gaetz, it could give them some more political breathing room to vote for some of Mr. Trump’s other controversial picks. Republican Sen. Thom Tillis of North Carolina made clear that he saw Pete Hegseth, a Fox News host and Mr. Trump’s controversial pick for secretary of Defense, in a different light than Mr. Gaetz and Tulsi Gabbard, another lightning-rod Trump ally whom he named as his pick for director of national intelligence on Wednesday afternoon.

“I wouldn’t necessarily characterize Mr. Hegseth that way. The other people, they’re coming out pretty quickly. I think that’s good news. We got a lot of time to look at them, but I’ve got to go look at the credentials and figure out whether I’m comfortable with them or not,” Senator Tillis said about Mr. Gaetz and Ms. Gabbard.

Multiple other Republicans simply refused to weigh in. Arkansas Sen. Tom Cotton offered only a “no comment.” Indiana Sen. Todd Young, when asked about Mr. Gaetz’s nomination, immediately pivoted to talking about a different Trump nominee – singing the praises Mr. Trump’s pick of Florida Sen. Marco Rubio for secretary of State. “I’ve got nothing for you on that,” Alabama Sen. Katie Britt told reporters as she walked onto the Senate floor.