Senators expressed disbelief over President-elect Donald Trump’s decision to tap Rep. Matt Gaetz (R-Fla.) as his attorney general, signaling that the conservative firebrand could have a difficult path to confirmation.
Republicans largely refrained from addressing whether Gaetz — who was investigated for years by the Justice Department over allegations that he had sex with underage girls and paid for their transportation — could be confirmed. Sen. John Cornyn (R-Texas) rolled his eyes and Sens. Tom Cotton (R-Ark.) and Shelley Moore Capito (R-W.Va.) declined to comment.
“We are not allowed to choose. It is the president’s prerogative,” Cornyn said after being told of the choice. “I don’t know the man outside of his public persona.”
Democrats, baffled by the choice, made it clear that Gaetz could not count on any support from their side. That means Gaetz could afford to lose just three Republican Party votes and still be confirmed by the Senate.
“There are a lot of people who would make excellent attorneys general, who would uphold the rule of law,” said Sen. Peter Welch (D-Vt.), a member of the Judiciary Committee who served with Gaetz in the House of Representatives. “I don’t think Gaetz is on the shortlist of that group.”
House Republicans also raised concerns about the choice, especially after watching Gaetz lead the impeachment of former Speaker Kevin McCarthy, which threw their chamber into chaos last year. Centrist Rep. Don Bacon (R-Neb.) said he had “no good comments.” Trump and McCarthy ally Rep. Max Miller (R-Ohio) called it “a reckless choice.”
“I think he has a zero percent chance of passing the Senate,” Miller added.
The Justice Department closed its investigation into Gaetz last year without criminal charges, and Gaetz has denied any wrongdoing. However, he is still under investigation by the Ethics Commission over the same claims.
Rep. Michael Guest, chairman of the House Ethics Committee and a former prosecutor, said he was “surprised” by the Gaetz news, but added that he has “confidence” in the choices Trump makes in filling out his Cabinet . The Mississippi Republican added that any concerns about Gaetz, who is under investigation by the Ethics Commission, would be addressed by a confirmation hearing in the Senate. The investigation would be halted if Gaetz left the House.
Benjamin Guggenheim, Chris Marquette, and Jordain Carney contributed to this report.
