Senate Democrats should quiz former Florida Congressman Matt Gaetz about the law in order to “torpedo” his chances of becoming the next attorney general, according to a legal expert.
David Lat, a former federal prosecutor and legal commentator, wrote in his Original Jurisdiction blog about the likelihood of Gaetz becoming attorney general following the president-elect’s surprise pick for him to lead the Department of Justice in the next Cabinet.
Lat said Gaetz’s chances of getting Senate confirmation are “slim” but not zero after receiving the support of Trump, even as some GOP lawmakers have spoken out against the nomination. It remains to be seen if the Senate will vote on whether to confirm Trump’s choice as attorney general or if the president-elect succeeds in his wish to push his Cabinet picks through via a recess appointment instead.
Lat has also offered advice to Democrats on the Senate Judiciary Committee, which will consider Gaetz’s nomination, on how to undermine the former congressman’s prospects of becoming the next attorney general.
“Don’t waste your time on speechifying, which will just cause Gaetz to speechify back—something he’s actually capable of,” Lat said. “Instead, ask him rapid-fire questions about substantive law, à la Senator John Kennedy questioning judicial nominees, and let Gaetz self-asphyxiate (which he might get off on, but it’s your best shot at torpedoing his nomination).”
Newsweek has contacted Gaetz’s congressional office for comment via email.
Lat also noted Gaetz’s lack of experience in law, having never served as a federal prosecutor and only practicing at a small Florida firm for around two years.
“Gaetz’s main experience with the Justice Department appears to be… as a target,” Lat wrote.
Gaetz faced a two-year Department of Justice investigation over allegations that he had sex with a teenage girl and paid for her to travel with him, including across state lines for prostitution. No charges were brought against Gaetz, and he denied all allegations against him.
The House Ethics Committee opened a misconduct investigation into Gaetz over allegations including sex trafficking, bribery, and drug use in 2021. It is unclear whether the committee’s report will now be released, as they have no obligation to do so following Gaetz’s resignation from Congress after he was named Trump’s choice for attorney general.
A number of Republican lawmakers have expressed their concern about Gaetz’s suitability for the role. With the GOP on course to control the upper chamber with a 53-47 seat majority next year, Gaetz cannot afford more than three Republican defectors in a Senate confirmation vote.
Lat said for “funsies” that Democrats on the Senate Judiciary Committee should press Gaetz on the various GOP senators he has attacked over the years, including those “whose votes he now needs.”
Lat also suggested that Gaetz may still become the next attorney general even if some GOP lawmakers have spoken out against the nomination.
“I agree that Gaetz’s chances of confirmation are slim, but I don’t think they’re zero. According to reporting by CNN, Trump strongly supports Gaetz—i.e., he’s not a stalking horse, nominated to get shot down and make the next AG pick look better by comparison,” Lat said.
“So Trump might make a real effort to push him through—and nobody goes broke betting that Senate Republicans will kowtow to Trump.”
House Speaker Mike Johnson said the House Ethics Committee report on Gaetz should not be released, as tradition states the lower chamber does not issue investigations and ethics reports on people who are not members of Congress.
“I’m afraid that that would open a Pandora’s box because the jurisdiction of the Ethics Committee is limited to those who are serving in the institution,” Johnson told Fox News Sunday. “That’s its very purpose. And I think this would be a breach of protocol that could be dangerous for us going forward in the future.”
Texas Senator John Cornyn, a Republican member of the Senate Judiciary Committee, said senators must see the House Ethics Committee report before deciding whether to approve Gaetz as attorney general.
Cornyn, who was in the running to be the next GOP Senate leader alongside eventual winner John Thune, said Thursday he would be open to issuing a subpoena for the ethics report if necessary.
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