Matt Gaetz’s withdrawal has sent President-elect Trump back to the drawing board on securing an attorney general nominee to lead an agency he sees as key to his plans for retribution.
In turning to Gaetz, Trump tapped a fierce loyalist and one who shared his vision that a “weaponized” Justice Department had been turned against the president-elect in the form of federal indictments related to classified documents and the Jan. 6 Capitol riot.
But just eight days after stunning Washington by announcing the Florida Republican as his pick to be the nation’s top law enforcement officer, Trump is going back through his list of potential contenders and recalculating the limits that might be imposed by a GOP-led Senate.
“There’s zero chance President Trump is going to allow there to be an attorney general who hasn’t pledged total loyalty to him, both on personality and policy. Whether that certainty overlaps with a human being that 50 Senators will support is TBD,” said a former President George W. Bush administration official turned lobbyist.
Gaetz got a cold reception in the Senate as he was plagued by investigations by both the Justice Department and the House Ethics Committee into sex trafficking crimes, including allegations involving an underage girl.
Gaetz has denied wrongdoing, and while the Justice Department decided not to bring charges, the Ethics committee still contemplated the release of its report, which the Republican members of the panel ultimately denied.
To find a replacement, sources close to Trump think someone who is loyal to the president-elect, much like Gaetz, could be named – but perhaps without so much baggage.
“It’s absolutely going to be a Trump loyalist,” said a person with knowledge of discussions, adding that a Trump ally like Rep. Jim Jordan (R-Ohio) could get the nod.
Sen. Mike Lee (R-Utah), who just won reelection in 2022, has also been floated as an option, as has Virginia attorney general Jason Miyares and former Florida attorney general Pam Bondi.
Bondi is the chair of the center for litigation at the America First Policy Institute, which is the ring-wing think tank working with the Trump transition on the upcoming agenda. She is also a partner at Ballard Partners, which is the lobbying firm where Trump’s incoming chief of staff Susie Wiles worked.
Fellow Republicans would likely be supportive of a pick like Lee, who is well-respected among his colleagues.
“I think Mike Lee would be a great choice. He clearly is one of these guys that has great respect in the United States Senate, everybody knows him,” said Sen. Mike Rounds (R-S.D.), adding that Lee is someone Trump would have confidence in but also one the Senate would have confidence in.
Mike Davis, a former federal prosecutor and Newt Gingrich aide, is seen as another option. He’s also the founder of the Article III Project, which claims to “bring brass knuckles to fight leftist lawfare.”
Gaetz’s withdrawal comes a day after Trump announced another name floated as an attorney general contender, Matthew Whitaker, to be the U.S. ambassador to NATO.
And Trump has also already tapped Jay Clayton, Trump’s former Chair of the Securities and Exchange Commission, was another contender who has already been tapped as U.S. Attorney for the Southern District of New York.
Trump has also tapped several members of his personal criminal defense team to fill out the other top spots at the Department of Justice – another example of Trump giving key positions to those he views as loyal.
Trump has made clear he is seeking an attorney general who would offer less resistance than the two attorney general’s who served during his first term when it comes to protecting him from investigations.
Trump at that time pressured leadership to conduct investigations of adversaries and railed against prosecutions of his allies as numerous of his associates were indicted.
It’s a departure from past presidents who often maintain a firewall between themselves and the Justice Department.
Mark Poaletta, an attorney helping President-elect Trump plan for the transition at the Justice Department (DOJ) who Whittaker said should be attorney general, has endorsed Trump’s involvement in Justice Department matters in a future administration and has said any rank-and-file prosecutors not on board with Trump’s plans “should leave.”
“The President has a duty to supervise the types of cases DOJ should focus on and can intervene to direct DOJ on specific cases. He is the duly elected chief executive and he has every right to make sure the executive branch, including the DOJ, is implementing his agenda,” he wrote on X earlier this month.
He also said while DOJ will not launch political investigations “just because you are a political opponent does not give you…a free pass if you have violated the law.”
Trump offered no reflection on his own thinking beyond thanking Gaetz.
“I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General. He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect,” Trump wrote on his social media site.
“Matt has a wonderful future, and I look forward to watching all of the great things he will do!”
Al Weaver contributed.
