Donald Trump announced Wednesday he will nominate Rep. Matt Gaetz to be the next attorney general, citing the Florida Republican’s focus in Congress “on achieving desperately needed reform at the Department of Justice.”
The confirmation of Gaetz would make the partisan firebrand the nation’s top law enforcement officer, at an agency that oversees the nation’s immigration courts and policies on criminal prosecution for everything from drug trafficking and white-collar crime to civil rights issues such as voting rights.
Gaetz has been a member of the House Judiciary Select Subcommittee on the Weaponization of the Federal Government, where he has criticized the alleged politicization of the Justice Department.
“Few issues in America are more important than ending the partisan Weaponization of our Justice System. Matt will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department,” Trump posted on Truth Social.
Many of Gaetz’s positions as a member of Congress would augur drastic changes at the Justice Department, if he is confirmed by a majority of the Senate, where there will be at least 53 GOP members next year.
For example, Gaetz has often proclaimed his support for gun rights and introduced legislation that would eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives, which is part of the DOJ. The Biden administration had used the department to try to curb gun violence through ATF rulemaking, such as applying regulations to more gun sales.
But immediately after the announcement, some Senate Republicans were less than confident about the pick sailing through the confirmation process.
North Carolina Republican Sen. Thom Tillis, currently a member of the Judiciary Committee that would vet the nomination, told reporters that a Gaetz pick could face some trouble.
“He’s going to have to overcome some of his temperament as it relates to his Republican colleagues, that’s the way I’d see it now,” Tillis said.
Sen. Lisa Murkowski, R-Alaska, said Gaetz’s nomination would face a “significant challenge” for confirmation. “I don’t think it is a serious nomination for attorney general, that is Lisa Murkowski’s view,” she said.
Sen. Joni Ernst, R-Iowa, said that Gaetz would “really have his work cut out for him” to be confirmed. When asked about her reaction on hearing of Gaetz’s nomination, Ernst referred to another rumored attorney general pick from her state: “I’m a real Matt Whitaker fan.”
Sen. Susan Collins, R-Maine, said Wednesday she was “shocked” by the announcement of Gaetz’s nomination.
“This shows why the advice and consent process is so important, and I’m sure that there will be a lot of questions raised at his hearing,” Collins said. “Obviously, the president has the right to nominate whomever he wishes, but I’m certain that there will be a lot of questions.”
For one, Gaetz has recently been under criminal investigation and the subject of a House Ethics Committee probe related to possible sex trafficking violations, which he has remained steadfast in denying wrongdoing.
Gaetz’s office confirmed in February 2023 that the Justice Department had concluded its investigation and would not charge him with a crime. One of his former associates was convicted and sentenced to 11 years in prison.
Tillis told reporters that Gaetz may face problems stemming from his past criticism of senators, in addition to the fact that the ethics investigation would be “relevant” to his nomination.
Sen. Lindsey Graham, R-S.C., said Wednesday he was certain Gaetz would not receive any Democratic support and said that he generally supports presidential Cabinet picks and “we’ll see how it all plays out.”
Sen. Charles E. Grassley, R-Iowa, who is expected to be Judiciary Committee chairman next Congress, did not respond to most questions from reporters about the nomination. When asked about whether Gaetz could clear the committee, Grassley said he did not know yet who would be on the panel.
If confirmed, the congressman would be expected to line up behind pledges the president-elect made on the campaign trail, such as mass deportations and a push to “root out the sickness” inside the Justice Department.
He could also be on the receiving end of demands from the president-elect, such as orders to oust department officials and install loyalists or open investigations into Trump’s perceived political enemies.
Few issues have elicited Trump’s rage like the Justice Department. The president-elect repeatedly railed against the two federal criminal cases against him and has sharply criticized special counsel John L. “Jack” Smith, whose office brought the cases.
Trump sparred with the department during his first term, and at times showed his authority over the agency. He fired Jeff Sessions as attorney general in 2018 and terminated James Comey as FBI director in 2017.
Trump, in his announcement, cited Gaetz’s work in Congress on the House Judiciary Committee as he “played a key role in defeating the Russia, Russia, Russia Hoax.”
“Matt will root out the systemic corruption at DOJ, and return the Department to its true mission of fighting Crime, and upholding our Democracy and Constitution,” Trump said. “We must have Honesty, Integrity, and Transparency at DOJ.”
Sen. Richard Blumenthal, D-Conn., said that Gaetz was not qualified for the post. He said the responsibility for the pick would rest on Republicans, however.
“The question is whether they will have the backbone and respect for justice. It’s that simple to stand up and speak out on this. This nomination will probably be the first test of their integrity,” Blumenthal said.
Michael Macagnone, Chris Johnson and Caitlin Reilly contributed to this report.
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