‘Reckless pick’: Lawmakers express doubts that Gaetz can get confirmed as attorney general

GOP lawmakers expressed disbelief at President-elect Donald Trump’s decision to tap Rep. Matt Gaetz (R-Fla.) to be his attorney general, indicating the conservative firebrand could have a tough road to confirmation.

Senate Republicans largely refrained from wading into whether Gaetz — who the Department of Justice investigated for years over allegations that he engaged in sex with underage girls and paid for their transportation — could be confirmed. Sen. John Cornyn (R-Texas) rolled his eyes and Sens. Tom Cotton (R-Ark.) and Shelley Moore Capito (R-W.Va.) declined to comment.

Republicans, who will hold a 53-seat majority in the Senate, can only lose three votes and still clear nominees if Democrats unanimously oppose them. One of the most closely watched swing votes, Sen. Lisa Murkowski (R-Alaska), said she doesn’t “think it’s a serious nomination for the attorney general.” Another, Sen. Susan Collins (R-Maine), told reporters she was “shocked” by Gaetz’s selection.

“That shows why the advice and consent process is so important,” she added. “Obviously, the president has the right to nominate whomever he wishes, but I’m certain there will be a lot of questions.”

Incoming Senate Judiciary Chair Sen. Chuck Grassley (R-Iowa) brushed off questions about Gaetz specifically, instead outlining what he’d like to generally see in an attorney general.

“All I’m interested in [for] who’s the next attorney general: Is he going to fight crime, enforce the law, and will he answer the forty letters that this Justice Department has not answered on my investigations?” Grassley said, ignoring questions on Gaetz’s involvement in a sex trafficking probe.

Sen. James Lankford (R-Okla.), a member of leadership, replied to questions by saying: “We’ve got weeks to go until we get to those hearings.”

Gaetz has frequently targeted the Department of Justice and the FBI, accusing them of leading targeted, politically motivated investigations. He’s previously called for abolishing the FBI, which falls under the Justice Department’s jurisdiction. Those views largely align with Trump, who has also been the subject of DOJ investigations. The Department of Justice closed the investigation into Gaetz last year with no criminal charges, and Gaetz has denied any wrongdoing. However, there is still a pending Ethics Committee investigation against him over the same claims.

But the lack of confidence from GOP senators is telling. They’ve wanted to give Trump wide authority to pick his selected Cabinet and have largely praised other picks the president-elect has made.

One House Republican, granted anonymity to speak candidly, had a theory of the case: “Sometimes a president appoints to reward a person. All the while, knowing that it will not go through. When it does not go through, they can appoint the back-up and they have cover for doing so.”

Other House Republicans had concerns about the pick too, especially after watching Gaetz lead the ouster effort against former Speaker Kevin McCarthy that threw their chamber into chaos last year. Centrist Rep. Don Bacon (R-Neb.) said he had “no good comment.” Trump and McCarthy ally Rep. Max Miller (R-Ohio) called it “a reckless pick.”

“I think he has a zero percent shot of getting through the Senate,” Miller added.

Rep. Michael Guest, chair of the House Ethics Committee and a former prosecutor, said he was “surprised” by the Gaetz news, but he added that he has “faith” in the choices Trump makes in filling out his Cabinet. The Mississippi Republican added that any concerns about Gaetz, who is being investigated by the Ethics Committee, would be addressed by a Senate confirmation hearing. The investigation would cease if Gaetz left the House.

Many Senate Republicans are vowing to keep an open mind heading into the confirmation battle, even those who’ve done battle with the Florida firebrand — and staunch Trump ally — in the past.

“I think he’s probably got his work cut out for him to get a good, strong vote. I mean, we’re not going to get a single Democrat vote, right?” asked Sen. Thom Tillis (R-N.C.). “Presumably, the folks that have put them forward have gamed that out. But I’m sure it’ll make for a popcorn-eating confirmation hearing.”

“We don’t get to choose. It’s the prerogative of the president,” Cornyn said after he was told about the pick. “I don’t know the man beyond his public persona.”

Gaetz had at least one Senate Republican backer: Marco Rubio, a fellow Floridian who has been nominated as Trump’s secretary of State.

“I’ve known Matt for a long time. I think he would do a good job,” Rubio said.

Even staunch conservatives wouldn’t venture a guess as to whether Gaetz could muster the votes for confirmation. “We’ll go through the process. Can’t make any predictions,” said Sen. Ron Johnson (R-Wis.). Sen. Joni Ernst (R-Iowa) said simply that Gaetz “has his work cut out for him.”

What’s abundantly clear is that Gaetz is unlikely to receive any Democratic support.

“There’s a lot of folks that would be excellent attorney generals, uphold the rule of law,” said Sen. Peter Welch (D-Vt.), a member of the Judiciary Committee who served with Gaetz. “I don’t think Gaetz is on the short list of that group.”

“You can record me as speechless,” said Sen. Chris Coons (D-Del.).

Mia McCarthy, Meredith Lee Hill, Nicholas Wu, Ursula Perano, Katherine Tully-McManus, Daniella Diaz, Benjamin Guggenheim, Chris Marquette, Olivia Beavers and Jordain Carney contributed to this report.