Former Congressman Matt Gaetz is facing strong headwinds as Donald Trump’s pick for Attorney General. It’s not just the usual suspects like Democrats and legacy media. He’s being hit hard by some in both conservative media and Republican lawmakers in Washington, DC.
Personally, I wholeheartedly support him for the role, and perhaps if it becomes necessary I’ll make the case for why I believe he’s ideal to take on the UniParty Swamp as the top law enforcement leader in the nation. But for now I just want to add clarity to the conversation because there seems to be a lot of confusion about what happens from here.
I discussed it in detail in a segment of my show.
For those who prefer to read rather than watch, here are the four paths for Gaetz to become Attorney General. I’ve put them in order from least to most ideal.
“Forced” Recess
There has been a lot of buzz about Speaker of the House Mike Johnson “forcing” the Senate into recess if upcoming Senate Majority Leader John Thune is unwilling or unable to adjourn for the required 10 days so Trump can make recess appointments.
What Johnson was referring to was a resolution calling for both chambers to adjourn. If the Senate does not want to adjourn, they can send back their edits to the resolution. If Johnson then denies the edits, the chambers are in a “state of disagreement” over adjourning. If that happens, then President Trump would decide when they adjourn and for how long.
If it sounds too good to be true, that’s because it is. This has never happened in Congress for a reason. All Thune has to do is… nothing. If he does not reply to Johnson’s resolution, it goes into limbo. Nothing happens other than Johnson being able to say he gave it his best shot.
Temporary Appointment
The Federal Vacancies Reform Act of 1998 allows President Trump to appoint Gaetz as Attorney General in an “acting” role. This will give him full power over the Department of Justice and does not require the Senate’s advice or consent.
But it only lasts for 210 days. If President Trump nominates someone else during that time, then Gaetz can remain in the role until the Senate confirms the new Attorney General, but not longer than another 210 days.
This would give us 7-14 months with Attorney General Matt Gaetz. It’s better than nothing and a lot can be done in that time. But obviously it’s not ideal for those of us who want him to fill the role for at least four years.
Planned Recess
The option that most seem to be hoping for is a recess appointment made with a cooperative Senate and Senate Majority Leader adjourning for 11 days. This is what Trump called for before the secret GOP Senate leadership vote and all three contenders agreed to some extent.
Fast forward to today and this seems less likely, but I still think it could happen if Thune really is on Trump’s side and if he doesn’t see a path to confirmation. Gaetz can only afford to lose three GOP votes and some are saying ten or more Republican Senators are not committed to voting for him.
The reason this isn’t the most ideal scenario is because even though it’s faster than going through the confirmation process, it also opens the doors for lawfare to slow or even stop it. Trump wants the option available but he would prefer…
Senate Confirmation
A SPEEDY confirmation process for Gaetz and everyone else Trump appoints is the ideal scenario. Trump knows this which is why he’s been hitting the phones to stir up support among Republican Senators.
The risk here is if Thune works at Mitch McConnell’s speed. During Trump’s first term, McConnell was only able to confirm one of Trump’s picks before Inauguration Day. Compare that to Barack Obama and George W. Bush who both had key people in place with double-digit confirmations before they even stepped foot in the Oval Office.
I neither like nor trust Thune but he’s who we have so I’m going to give him the opportunity to prove me wrong about him. I hope and pray that he can buzz through confirmations and have Trump’s team in place early. If he can unify the caucus behind Gaetz, Robert F. Kennedy Jr, Pete Hegseth, Tulsi Gabbard, and any of the other controversial picks, then Thune will earn my respect for now. If he pulls a McConnell and acts to subvert Agenda 47, then he will prove to be the UniParty Swamp creature that I believe him to be.
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