President-elect Donald Trump announced Wednesday that he wants to replace Attorney General Merrick Garland with firebrand Rep. Matt Gaetz (R-Fla.), leaving elements of the Republican old guard in stunned silence and prompting plenty of Democrats to panic.
Despite efforts by outbound Democrat Sen. Bob Casey’s cronies in Pennsylvania to reduce the GOP’s majority, Republicans will nevertheless control the U.S. Senate in January — meaning that they have the numbers to confirm Gaetz as attorney general. However, there may not presently be sufficient willpower to see him through.
Extra to resistance from nominal allies, Gaetz — who resigned his House seat following Trump’s announcement — also faces incredible opposition from the liberal establishment. Nevertheless, there are multiple ways forward that will see Trump’s intention realized and the Department of Justice helmed by a longtime critic hell-bent on radical reform.
The announcement
For his incoming administration, Trump wants several disruptors in top positions: decorated Army combat veteran Pete Hegseth as secretary of defense; Lt. Col. Tulsi Gabbard as director of National Intelligence; Elon Musk and Ohio entrepreneur Vivek Ramaswamy running the proposed Department of Government Efficiency; Sen. Marco Rubio (R-Fla.) as head of the State Department; and. Florida Rep. Mike Waltz, a former Green Beret, as his national security adviser.
‘Matt will end Weaponized Government.’
Trump announced Wednesday that he would be nominating Gaetz — who proved instrumental last year in ousting former Rep. Kevin McCarthy (R-Calif.) as speaker of the House — to take over the Department of Justice, where officials have been updating their resumes since Nov. 5 in anticipation of a thorough housecleaning.
“Matt is a deeply gifted and tenacious attorney, trained at the William & Mary College of Law, who has distinguished himself in Congress through his focus on achieving desperately needed reform at the Department of Justice,” wrote Trump. “Few issues in America are more important than ending the partisan Weaponization of our Justice System.”
Gaetz, a frequent guest on Stephen K. Bannon’s “War Room” podcast and a target of a frivolous DOJ sex-trafficking investigation, has impressed upon his fellow conservatives the need to rein in the administrative state.
“I don’t care if it takes every second of our time and every ounce of our energy,” Gaetz said in his 2023 CPAC speech. “We either get this government back on our side or we defund and get rid of, abolish the FBI, the CDC, ATF, DOJ, every last one of them if they do not come to heel.”
“Matt will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department,” continued Trump. “On the House Judiciary Committee, which performs oversight of DOJ, Matt played a key role in defeating the Russia, Russia, Russia Hoax, and exposing alarming and systemic Government Corruption and Weaponization. He is a Champion for the Constitution and the Rule of Law.”
‘This is really a vomit-in-your-mouth moment for alumni [from] the Department of Justice.’
The president-elect added, “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.”
Gaetz responded on X, “It will be an honor to serve as President Trump’s Attorney General.”
The reaction
While numerous Republicans keen to see Trump deliver on his campaign promises celebrated the Gaetz pick, Democrats, liberal talking heads, and other exponents of the old regime did not respond well to the news that the man deemed a “bomb-thrower” by the New York Times would soon be running the Justice Department.
New Mexico Sen. Martin Heinrich (D) wrote, “People voted for cheaper eggs, not whatever the f@#€ this is.”
“No question about Matt Gaetz’s qualifications — totally lacking. His only relevant law enforcement experience is as a target of a criminal investigation,” tweeted Connecticut Sen. Richard Blumenthal (D). “He’ll weaponize DOJ for political ends. He’ll be a national security risk — ill-equipped to be in charge of prosecuting espionage, terrorism, drug trafficking, & more.”
“Confirming him would mean affirming the worst potential abuses of DOJ,” tweeted Rep. Adam Schiff (D-Calif.). “He must be rejected by the Senate.”
Rep. Jared Huffman (D-Calif.) told Axios that Gaetz and Trump’s other picks “are deeply unserious choices, and to the surprise of no one who remembers the first Trump presidency, they signal a lot of chaos and incompetency to come.”
Democratic Rep. Dan Kildee (Mich.) suggested Trump’s account had been hacked, calling the pick “insanity.”
Republican Sen. Chuck Grassley (Iowa) was reportedly “exasperated” upon hearing the news, standing in awe for nearly half a minute.
David Laufman, former chief of the counterintelligence and export control section in the Obama Department of Justice’s National Security Division, told the flummoxed host of MSNBC’s “Deadline White House” that “this is really a vomit-in-your-mouth moment for alumni [from] the Department of Justice and for people around the United States who care about the rule of law.”
“This nomination reflects the crudest contempt and disrespect for the rule of law, the Department of Justice as an institution, and for the thousands of men and women across this country who every day strive to carry out their mission to represent the people of the United States and the rules of the United States Constitution and bring justice around this country,” added Laufman.
CNN legal analyst Elie Honig similarly had trouble digesting the news, echoing the technocratic arguments raised earlier this week for why Hegseth should not run the DOD.
‘He’s the attorney general! Suck it up.’
“[Gaetz] has never worked a day in his life as a prosecutor,” said Honig. “He’s only practiced law for a few years at the very local level. We’ve had AGs before who have never been prosecutors, but they’ve all had serious positions in the Justice Department in non-prosecutorial roles. Matt Gaetz is completely unknown to this profession.”
Honig added, “He is there to weaponize.”
Officials at the DOJ were similarly melting down Wednesday night.
MSNBC collected the following responses to the announcement from DOJ officials, including senior bureaucrats:
“OMG.”
“How many other prospective attorneys general had previous experience as the subject of a criminal investigation?”
“Absolutely unbelievable.”
“Did not see this coming.”
“What the f*** is happening?”
“Truly stunning.”
“Insane.”
“Absolutely unbelievable.”
Whether bureaucrats believe it or not, Gaetz will likely take over the DOJ in January, assuming he is able to navigate the obstacles ahead.
The way forward
Liberals are not the only ones keen to keep Gaetz from controlling the DOJ. There is apparently some resistance from nominal Republicans in the U.S. Senate.
A Republican senator speaking on the condition of anonymity told Fox News Digital, “He will never get confirmed.”
Another Senate Republican source suggested, “Ain’t gonna happen.”
Sen. John Cornyn (R-Texas) appeared noncommittal, telling reporters, “I think we have to consider any nominee by the president seriously, but we also have a constitutional responsibility.”
The Associated Press indicated that Maine Sen. Susan Collins (R) may similarly be on the fence, stating she was “shocked” by the nomination.
“I recognize that the president-elect has the right to nominate whomever he wishes, but we in Congress have a responsibility under the Constitution and our advise and consent, which will lead to hearings, an FBI background check, and an awful lot of questions being asked in this case,” said Collins. “I’m sure that there will be many, many questions raised at Mr. Gaetz’s hearing if in fact the nomination goes forward.”
Responding to the question of whether he will support Gaetz’s confirmation, Wisconsin Sen. Ron Johnson (R) said, “We’ll see.”
There was an outstanding House Ethics investigation into Gaetz regarding denied allegations of sexual misconduct, illicit drug use, the acceptance of improper gifts, and the attempt to obstruct government investigations; however, that investigation effectively died with his resignation, as the House no longer has jurisdiction.
House Speaker Mike Johnson confirmed that Gaetz issued his resignation letter effective immediately and indicated that the promptitude of the resignation will enable Republicans to fill his seat as early as Jan. 3, 2025.
If Republican senators don’t get on board, Trump could push to appoint Gaetz through a recess appointment — something Rep. Thomas Massie (R-Ky.) indicated would be the way through.
When asked about the prospect of an AG Gaetz, Massie told reporters, “Recess appointments! He’s the attorney general! Suck it up.”
The Constitution allows for recess appointments as a way to avoid protracted government vacancies.
Sen. John Thune (R-S.D.), the next Senate majority leader, has agreed to recess appointments, tweeting, “We must act quickly and decisively to get the president’s nominees in place as soon as possible, & all options are on the table to make that happen, including recess appointments. We cannot let Schumer and Senate Dems block the will of the American people.”
Former Trump adviser and repeat Biden-Harris DOJ target Steve Bannon stressed that a recess appointment should be avoided in favor of a vote.
“We have to show them we ain’t going to do this in the dark,” said Bannon. “Not this one.”
Sean Davis, co-founder of the Federalist, noted on X, “With Gaetz having resigned his seat in the House, if the Senate tries to reject his AG confirmation, DeSantis can always appoint Gaetz to fill Rubio’s Senate seat.”
“Would be interesting to see senators have to choose between Gaetz as AG or as their colleague for years to come,” added Davis.
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