Donald Trump has announced some controversial Cabinet picks, and Matt Gaetz for US attorney general may well have been the most contentious. Now that the firebrand former representative has withdrawn his name from consideration, however, will those other nominees who previously raised eyebrows see a smoother Senate confirmation? Or will there even be confirmations? The president-elect still hopes to get his picks pushed through via the recess appointment process, after all.
Gaetz Is Gone – Now What?
Matt Gaetz announced Thursday, November 21, that he was withdrawing himself from consideration for the post of attorney general. “While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition,” Gaetz wrote on X.
The former representative recently won re-election in Florida’s District 1 only to resign from Congress as soon as he was nominated to be the next AG. So with his seat now vacant and the top spot at the DOJ no longer an option, where will the ever-controversial Republican land?
Gaetz has demonstrated over the years his dedication to the MAGA agenda, and it’s entirely possible Trump may appoint him to another position in the administration – one that doesn’t require Senate confirmation. Many speculate, however, that he’ll run for governor of Florida once Ron DeSantis’ term ends in 2026. Of course, the Florida politico is mired in a sex and drug scandal involving two women who have made allegations against him – including one who claims to have been a minor at the time. While the Department of Justice cleared him during a years-long investigation, the unreleased House Ethics report would likely include damaging material, whether the DOJ found it to be credible or not. That baggage has weighed down his appointment to AG, and he’ll almost certainly carry it into any gubernatorial bid two years from now.
Another possibility, however, is that he’ll simply return to the House. Gaetz resigned from the 118th Congress – the one currently in session – but he was elected to serve in the 119th as well and has yet to be sworn in to that Congress. Some believe his resignation leaves room for a return. “I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General in the Trump Administration,” he wrote. Now that he’s no longer gunning for AG, it could easily be interpreted that he now does intend to take the oath for his old seat come January.
It's unclear, legally, whether he can unilaterally return, but some believe he can. If he can’t, however, Gov. DeSantis is required to call a special election and, in fact, has already instructed the Florida secretary of state to do so. Gaetz won re-election easily, and should he choose to run again, there’s little reason to believe he wouldn’t win again as well. Of course, a return to the House means being once again under the authority of the House Ethics Committee – and just like that, the findings of the committee’s investigation, which so many say are now moot, become relevant all over again.
But if all else fails, a career in media is always a likely option for a controversial former politician.
Plenty of Controversy to Go Around
Gaetz was far from the only controversial nominee who may face a rough confirmation ride ahead. Pete Hegseth, Trump’s pick for defense secretary, faces sexual assault allegations of his own, which he has, like Gaetz, denied. Health and Human Services nominee, Robert F. Kennedy Jr., makes Democrats and even many Republicans quite uncomfortable with his vaccine skepticism and his crusade against processed foods. Then there’s Tulsi Gabbard. Trump chose the former Democrat to be his director of national intelligence, but she has been accused of being a Russian sympathizer who spreads “disinformation.”
Not long after Gaetz announced the change of plans, Trump nominated another Floridian. Pam Bondi was the state’s first female attorney general, and she has been yet another proven loyalist. As Florida AG, she tried – though unsuccessfully – to overturn the Affordable Care Act. She served on Trump’s impeachment defense team back in 2019, then in 2020, she defended his claims of election fraud. Ms. Bondi is hardly a moderate but she is widely considered both competent and capable.
Could Gaetz’s withdrawal make the other nominations easier for the Senate to swallow? Perhaps, but any Republican senator who wants to block one of these appointments has a plethora of excuses to choose from. That said, there may not be any confirmation hearings or votes anyway.
President-elect Donald Trump has made it clear he would like Congress to recess so he can appoint his cabinet without need for the whole Senate confirmation process. While Republican leadership in both chambers seem to be on board, several rank-and-file Republicans are not – or, at least, not if it meant Matt Gaetz skipping confirmation. Will they toe the party line now that he’s out, voting to recess for at least ten days, or will they side with the Democrats and block the attempt?
If Trump can get even a slim majority of yes votes from both chambers, he’ll be able to put all of his nominees to work. The Constitution gives the president the authority to fill vacancies during recess of the Senate by granting commissions that expire at the end of the next congressional session. But it also gives him the power to force Congress to recess, at least in some situations. In case of disagreement between the houses over the time of adjournment, the president can adjourn them “to such Time as he shall think proper,” according to Article II, Section 3 of the Constitution.
If he can get either chamber vote to recess, he’ll likely be able to force them out long enough to make his appointments official. But if both chambers choose not to recess, there’s nothing Trump can do about it – and it won’t bode well for the more controversial of his nominees.
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