After President-elect Donald Trump chose former Florida congressman Matt Gaetz for Attorney General, the South Florida Sun Sentinel explained in a scathing editorial why Gaetz must not be confirmed, calling him "Trump’s tool for retribution," a reminder of Trump's contempt for the rule of law.
Gaetz was previously the subject of a Justice Department investigation into alleged sex trafficking involving a 17-year-old girl and has faced scrutiny from the House Ethics Committee over accusations of sexual misconduct. However, that inquiry effectively concluded last week when Gaetz announced his resignation from Congress.
Gaetz, a vocal Trump ally, has long been entangled in controversies that now pose a significant challenge to his confirmation as the nation’s top federal law enforcement official in the Republican-controlled Senate.
He has consistently denied any misconduct, asserting last year that the Justice Department concluded its investigation into allegations of sex trafficking involving underage girls without filing federal charges against him.
The Sun Sentinel's editorial board noted in a piece on November 14 that Trump's choice of Gaetz "makes it painfully clear why he wants the Senate to recess in January long enough for him to make key appointments that might not need careful review and confirmation":
"Even though Senate Democrats are in the minority, they can foil that scheme by pledging to abstain from drawing out the process for any nominee who receives a full, fair hearing. That would take away Trump’s excuse for the recess plot and would absolve Sen. John Thune, R-S.D., the new majority leader, of any obligation to go along with Trump."
"It’s beginning to appear that Trump had Republican as well as Democratic opposition in mind when he came up with the recess tactic."
The board stressed that Trump's choice of Gaetz serves as a painfully clear reminder of one of the reasons Trump is such an insidious force in our politics and a threat as president:
"It seems highly doubtful that a Senate majority would confirm Gaetz. But his selection lays bare the depth of Trump’s contempt for our vital national law enforcement apparatus and his determination to use it as a blunt instrument to seek revenge on his opponents."
They went on:
"Gaetz, 42, of Niceville, is a provocateur who’s good at delivering rhetorical red meat on the MAGA speaking circuit, and Trump puts a premium on performative skills. Gaetz has long been a caustic critic of the Justice Department that was investigating him."
After detailing the case against Gaetz, the board noted that "news of his likely exit prompted celebration among Republicans, who detest him for leading a rebellion that brought down House Speaker Kevin McCarthy and paralyzed the chamber for three weeks last year."
Moreover, "Trump’s insistence on recess appointees, who could hold office without Senate confirmation for up to two years, relies on a provision created at a time when travel was by horseback and Congress could not convene quickly."
Recess appointments have been a contentious issue in the past, the board said:
"It is an anachronism now that Congress is in session most of the time, but presidents have often invoked it during brief recesses to overcome political resistance over appointments.In 2014, the Supreme Court unanimously threw out a ruling of the National Labor Relations Board because President Obama had seated two of its members with recess appointments."
"The court split 5-4, however, with liberals then in the majority, on what that meant going forward. The liberals — only two of whom remain — held that Congress is in session whenever it says it is, unless an actual recess is for 10 days or longer. The conservatives said recess appointments were intended only for real breaks between sessions rather than for temporary pauses within them."
The board concluded with the following warning for the Senate:
"For senators to allow Gaetz to become attorney general through a recess appointment would be a complete abdication of the Senate’s constitutional advise and consent responsibility. Gaetz, who has called for defunding the FBI and other federal law enforcement agencies, should be kept as far as possible from the Justice Department."
Many have echoed the newspaper's warnings.
Know this: Donald Trump chose ultra-MAGA extremist Matt Gaetz as his attorney general because he knows Gaetz is a loyal “warrior” who will enable his dangerous plans for revenge and retribution.
— Morgan J Freeman (@mjfree.bsky.social) November 17, 2024 at 12:24 AM
House Ethics Chair Michael Guest stated Monday that his committee will make an independent decision regarding the release of its report on Gaetz, despite Speaker Mike Johnson’s stance that it should remain confidential.
In an interview with Politico, Guest confirmed he and Johnson had spoken over the weekend, during which Johnson reiterated his public position that the report should not be released.
Guest, however, emphasized that Johnson’s opinion would not influence the committee’s deliberations. “I don’t see [Johnson’s opinion] having an impact on what we as a committee ultimately decide,” he said. Guest also clarified that he had not received any input from the Trump administration regarding the matter.
Johnson, addressing reporters on Friday, said he planned to discuss the issue with Guest and publicly urged the Ethics Committee to withhold the report. He argued that the committee should adhere to standard precedent, which typically involves not releasing findings about former House members.
When pressed on past instances where the committee published reports on lawmakers who had resigned, Johnson remarked that “If the precedent has been broken once or twice, it should not have been.”
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