President-elect Donald Trump’s nomination of Florida House Republican Matt Gaetz to be the next U.S. attorney general sent shock waves through Washington, D.C, and bitterly divided Republicans.
The choice of a man mired controversy sparked a mixed reaction from prominent GOP figures both inside and outside Congress. House Speaker Mike Johnson described Gaetz as “one of the most intelligent” members of Congress while former White House national security adviser John Bolton called his selection “the worst nomination for a Cabinet secretary in American history.”
The withdrawal of Gaetz’s nomination Thursday was the first real derailment suffered by Trump’s incoming administration following his decisive November 5 election victory when, as well as winning the Senate, the Republican candidate also won seven key battleground states, along with the popular vote.
Gaetz announced he was dropping out of the running for attorney general, saying it had become “clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition.”
The move had followed a meeting with Republican Senators on Wednesday. According to The New York Times, Gaetz had told friends he believed four GOP Senators opposed his nomination, and would vote with the Democrats against his confirmation. He said these were: Senate Minority Leader Mitch McConnell of Kentucky, Senators Lisa Murkowski of Alaska and Susan Collins of Maine and Senator-elect John Curtis of Utah.
Newsweek reached out for comment to the offices of McConnell, Murkowski, Collins and Curtis via email on Thursday.
To be confirmed as attorney general by Congress, Gaetz would have needed the approval of a majority of the full Senate. After the November 5 elections, the Republicans have 53 Senators, according to The Associated Press, versus 47 affiliated with the Democrats.
Photo Illustration by Newsweek/Getty Images
Gaetz had angered many House Republicans in October 2023 when he played a key role in bringing down then House Speaker Kevin McCarthy, who was replaced by Johnson. He was also facing a House Ethics Committee investigation into claims of sexual misconduct and illegal drug use, both of which he denied. Speaking in April McCarthy, in apparent reference to Gaetz, said he was no longer speaker because “one person…wanted me to stop an ethics complaint because he slept with a 17-year-old.”
The House Ethics Committee had launched an investigation into Gaetz over allegations he “engaged in sexual misconduct and illicit drug use” and was part of a scheme that led to the sex trafficking of a 17-year-old girl. The Department of Justice had also investigated allegations that he participated in child sex trafficking. No charges were brought against Gaetz, and he has denied any wrongdoing. Leppard’s clients also testified as part of the federal investigation.
The split
Soon after his nomination by Trump was announced, several Republicans in the chamber expressed skepticism, Murkowski commenting: “I don’t think it’s a serious nomination for the attorney general. We need to have a serious attorney general. And I’m looking forward to the opportunity to consider somebody that is serious.”
Concern was also raised by Collins, who said of Gaetz: “I was shocked that he has been nominated. If the nomination proceeds, I’m sure that there will be an extensive background check by the FBI and public hearings and a lot of questions asked.”
Speaking to Newsweek before Gaetz dropped out of the running, Professor William Howell, an expert in American politics at the University of Chicago, said a confirmation vote would “distinguish those Republicans who will walk through fire for Trump from those who have a modicum of independence.”
However another political scientist said Trump’s “stranglehold over the GOP” meant the nomination will “probably have little impact on party unity.”
Some influential Republicans outside the Senate were even more outspoken, with Bolton commenting: “Gaetz is not only totally incompetent for this job, he doesn’t have the character. He is a person of moral turpitude.”
Referring to the deceased British monarch, GOP Rep. Max Miller said: “Gaetz has a better shot at having dinner with Queen Elizabeth II than being confirmed by the senate,” and John Duarte, a House Republican from California, said Gaetz would be “a compromised” attorney general.
However many other Republicans spoke out in Gaetz’s defense, several hinting at consequences for any of their colleagues who opposed his confirmation.
After Gaetz’s nomination was announced, Senator Tommy Tuberville, a Trump’s loyalist, commented: “I’ve already seen where a couple says, ‘I’m not voting for him. This is the last chance we’re gonna have of saving this country. And if you wanna get in the way, fine. But we’re gonna try to get you out of the Senate, too if you try to do that.”
A question of ethics
On Tuesday in a post on X, formerly Twitter, House Republican Marjorie Taylor Greene said: “If we are going to release ethics reports and rip apart our own that Trump has appointed, then put it ALL out there for the American people to see.
“Yes…all the ethics reports and claims including the one I filed. All your sexual harassment and assault claims that were secretly settled paying off victims with tax payer money…If we’re going to dance, let’s all dance in the sunlight. I’ll make sure that we do.”
The Department of Justice investigated Gaetz over a possible violation of federal sex trafficking laws between 2020 and 2022, during which time they seized his cellphone and one belonging to his ex-girlfriend. No charges were brought and Gaetz described the allegations against him as an “organized criminal extortion.”
The House Ethics Committee also launched an investigation into Gaetz’s conduct, though after his nomination was announced Speaker Johnson said he would “strongly request” that this isn’t publicly released on the basis that the Florida Republican is no longer a member of Congress.
Speaking to Politico, attorney Joel Leppard said two women he represents allege Gaetz paid they for sex at “sex parties” between 2017 and 2018, with one claiming they saw the congressman having sex with a 17-year-old girl.
Leppard also said Gaetz sent the two women multiple Venmo payments “for sex” and that these transactions had been acquired by the House Ethics Committee. The attorney also said Gaetz had been asking in text messages about “vitamins” and “party favors,” which he claimed was code for drugs. Gaetz has strongly denied the allegations.
On November 20 Democrats on the Senate Judiciary Committee wrote to FBI Director Christopher Wray requesting the agency’s file on Gaetz.
Newsweek contacted Gaetz and Speaker Johnson for comment by email on Thursday.
During his conversation with Newsweek Professor Howell said: “So much of the Republican Party is organized around Donald Trump. And it is difficult not to see Gaetz’s nomination, at least in part, as a test of Republican Senators’ loyalty to the newly elected president. How far will they attend to his wishes and wants?”
However Thomas Whalen, who teaches American politics at Boston University, questioned whether the selection of Gaetz as attorney general would have any real impact on Trump’s control over the GOP.
Speaking to Newsweek before the Florida Republican withdrew from the running he said: “The choice of Gaetz is the moral equivalent of putting Al Capone in charge of the FBI but his selection will probably have little impact on party unity. Trump has a stranglehold on the GOP and Gaetz is just one of several of the clown car picks the former television reality star has tapped for top administration posts. The best you can say is that he at least has governmental experience.”
Trump did have the option of attempting to force through Gaetz’s nomination as a recess appointment, though the move would have been highly controversial.
Recess appointments are made directly by the president when Congress isn’t in session. Trump could have used use Article II of the Constitution to attempt to adjourn Congress, allowing him to make recess appointments, though the practice is legally untested and could end up before the Supreme Court. Referring to the two chambers of Congress Article II says the president “may adjourn them to such time as he shall think proper.”
