The elected president, Donald Trump, appointed Florida representative Matt Gaetz to be the Attorney General of the United States on Wednesday, overlooking more experienced options in favor of a loyal official who has built a national reputation as a provocateur and has committed to drastically reforming the Department of Justice.
Gaetz's selection, in particular, was considered a surprise and appears to be a problem for Trump, who seems to have overstepped by appointing an expert and a fanatic to the most important position for justice in the United States.
Trump announced the decision in a post on his Truth Social network, in which he said: "Matt will put an end to the use of the government as a weapon, protect our borders, dismantle criminal organizations, and restore the very broken faith and trust of Americans in the Department of Justice."
Gaetz became a conservative star when he joined Congress. He frequently defended Trump on cable news programs.
In 2023, he irritated his Republican colleagues when he introduced the successful resolution that expelled former Speaker of the House, Kevin McCarthy.
Later, McCarthy helped fund attacks on Gaetz, including commercials alleging that he had paid for sex with a 17-year-old, an accusation that is being investigated by the House Ethics Committee. Gaetz has denied committing any crime. The Department of Justice concluded its own investigation into sex trafficking without filing charges against him.
The controversial Gaetz also made offensive and misogynistic statements regarding groups that advocate for women's right to abortion.
Nominations must go through the Senate: Does Trump have the votes?
The United States Constitution establishes a process for reviewing and voting on all cabinet nominations through the Senate, to prevent unqualified or corrupt individuals from reaching key positions.
So far, none of Trump's nominations had generated as much resentment as Gaetz's, 42, even among members of his own party.
The Republicans will have a majority of 52 or 53 senators when the new upper chamber convenes on January 3, but there are several criticisms within their ranks regarding the nomination of the former Florida representative.
Lisa Murkowski, senator from Alaska, told NBC News that "I don't think this is a serious nomination for attorney general. We need to have a serious attorney general. And I am waiting for the opportunity to consider someone who is serious. This was not on my list of possibilities.".
”A difficult road awaits him,” added Senator Joni Ernst of Iowa, and Senator John Cornyn commented, “We will seriously consider any nomination from the president, but we also have a constitutional responsibility.”
Senator Kevin Cramer from North Dakota, in turn, pointed out that Gaetz's chances of being confirmed were "remote," adding that it is "very possible" that Trump is testing the limits of how far he can pressure the Senate.
Among Democratic senators, confusion and rejection were widespread.
The Republican representatives, who worked closely with Gaetz, were also surprised and taken aback. Max Miller, from Ohio, called Gaetz's appointment "ridiculous" and said, "I think the president is probably rewarding him for being such a loyal soldier. But the president is smart enough, and his team is smart enough to know that Mr. Gaetz will never be confirmed by the Senate at all."
Trump could try to bypass the Senate
In any case, Trump has been pressing for an option provided by the Constitution for days: making nominations during Senate recesses. However, for this measure to be effective, it would require the support of Republican lawmakers and to override any bureaucratic maneuvers by the Democrats.
While nominations during Senate recesses were quite common in the administrations of Bill Clinton, George W. Bush, and Barack Obama, the Supreme Court said in 2014 that presidents were exceeding their powers with this measure. That’s why neither Donald Trump nor Joe Biden used it in their recent administrations.