Future US government: Will Trump get his preferred candidate as Attorney General?

He is soon to take over the US Department of Justice, but is already being criticized: The ultra-right hardliner Matt Gaetz has resigned from his mandate in the House of Representatives with immediate effect, thus averting a closer investigation of explosive allegations against him by the Ethics Committee. Gaetz is one of the most radical Republicans in Congress and is a loyal supporter of US President-elect Donald Trump, who wants to give him the important top job at the Justice Department.

The Senate would have to confirm the person – unless Trump resorts to a special regulation to bring Gaetz and other government representatives into office more quickly. The 42-year-old is highly controversial even within his own party.

Sex trafficking investigation

With his “somewhat surprising” waiver of his mandate, Gaetz wanted to enable his seat in Congress to be filled quickly, explained House of Representatives Speaker Mike Johnson. However, critics suspect other reasons: The Ethics Committee had targeted Gaetz because the US Department of Justice had been investigating him for years for “sex trafficking” – i.e. human trafficking for the purpose of sexual abuse.

The ministry stopped the investigation and Gaetz denies all allegations. But the committee continued to examine the allegations, including alleged drug abuse and receiving improper gifts. According to media reports, the publication of a final report was imminent. Republican party colleagues suggested that Gaetz’s resignation could be directly related to this. The Republican recently declared that he no longer wanted to participate voluntarily in the investigation. As a rule, the Ethics Committee discontinues these as soon as a member of Congress leaves the House.

“Like a six-year-old with a loaded revolver”

The hardliner’s nomination sparked strong reactions in Washington – including within the ranks of his own party. Republican Senator Susan Collins said she was “shocked” by Trump’s decision to make Gaetz attorney general. “I’m sure there will be many, many questions at Gaetz’s hearing if the nomination goes forward,” she told NPR. Her party colleague Lisa Murkowski expressed strong doubts that Gaetz would get enough votes in the Senate for confirmation. “I don’t think it’s a serious nomination,” she was quoted as saying by NBC.

Republican MP Max Miller went further: “Gaetz has a better chance of having dinner with (Queen Elizabeth II, who died in 2022) than being confirmed by the Senate,” he mocked the news portal “Axios.” Miller also told the news portal “Politico” that Gaetz “ran around like a six-year-old with a loaded revolver and a loose finger on the trigger” during the last legislative session.

An agitator as a “driver of change”?

Some Republicans also see the personnel changes as an opportunity for changes in the Justice Department. Texas Rep. Ronny Jackson told reporters that Gaetz wants to fundamentally reshape the department. “If you want someone to be a driver of change, there is no one who embodies that role more than Matt Gaetz,” Jackson said. However, confirmation by the Senate is not certain. Rep. Tim Burchett called the nomination “wonderful” but warned Axios that Gaetz has “enemies in the Senate” and confirmation could be difficult.

Trump signals possible use of a trick

Gaetz is considered one of the most radical Republicans and an ardent supporter of Trump. He strictly rejects abortion and same-sex marriage and repeatedly spreads conspiracy theories. In Congress he is considered an agitator and has brought himself into disrepute among many colleagues with repeated cross-shots.

The questionable support in the Senate does not have to be a problem for Gaetz. Trump has signaled that he may seek a special arrangement to bring him and other preferred candidates into office more quickly. To do this, he could resort to so-called recess appointments. This constitutional means allows the US President to fill certain positions during breaks in the Senate. This procedure is highly controversial because it circumvents the usual confirmation process. However, several Republican senators have already signaled their approval.

If Gaetz has to go through the usual confirmation process, the decisive factor for his appointment will be whether the slim Republican majority of 53 of the 100 seats in the Senate crumbles. Only a few dissenters in his own party could lose him the job if all Democrats vote against him, as expected.

Republican Senator John Cornyn, who is jointly responsible for the process as a member of the Judiciary Committee, emphasized that the Senate must “seriously examine each of the president’s nominations, but also live up to its constitutional responsibilities.” When asked whether the ethics committee investigation into Gaetz could play a role, Cornyn replied dryly, according to NBC: “Well, that could come up.”