Gaetz's AG nomination could face 'steep' climb, senators warn
Matt Gaetz resigned from the House on Wednesday, effectively ending a House Ethics Committee probe. (Photo by Tom Brenner for The Washington Post)
Republican senators signaled Thursday that they plan to closely scrutinize allegations of wrongdoing dogging former congressman Matt Gaetz, President-elect Donald Trump’s pick to lead the Justice Department, setting up a potential showdown between Trump and the GOP-controlled Senate.
Gaetz resigned Wednesday, effectively ending a House Ethics Committee investigation into allegations that he may have engaged in sexual misconduct and illegal drug use and accepted improper gifts. But several Republican senators said they want access to the investigation, as well as any information the FBI would uncover in a background check as part of the confirmation process.
Some Republican senators have discussed their concerns about Gaetz with Trump’s team since his surprise nomination, according to two people familiar with the outreach who spoke on the condition of anonymity to disclose private conversations.
“For me the message to the administration is simply that Matt Gaetz has a very long, steep hill to get across the finish line and it will require the spending of a lot of capital,” said Sen. Kevin Cramer (R-North Dakota). “That ethics report is clearly going to become a part of the record.”
The committee is expected to meet Friday and could release the report soon after, according to two people familiar with the matter.
Other Trump picks, including vaccine skeptic Robert F. Kennedy Jr. to run the Department of Health and Human Services, and Tulsi Gabbard, who has no direct experience with intelligence, as director of national intelligence, have also raised eyebrows on the Hill.
Republican senators understand that Trump wants to shake up how the Justice Department is run. “Matt’s a wrecking ball, and he’s a very eloquent wrecking ball,” Cramer added.
But Gaetz’s scandals and confrontations with members of his own party, dating back to his time antagonizing former Republican House Speaker Kevin McCarthy, have made him an especially tough pill to swallow.
“I think it’s going to be very difficult,” said Sen. Markwayne Mullin (R-Oklahoma), a longtime Gaetz foe, who added he “trusts” Trump’s decision to pick him.
Sen. John Cornyn (R-Texas), a member of the Judiciary Committee that would hold Gaetz’s confirmation hearing, told reporters he would “absolutely” like to have access to the report’s findings.
“I don’t see any relevant information should be withheld,” Cornyn said. “We also have the resources of the FBI to do a background investigation as well. So one way or the other, as you know around here, facts ultimately come out.”
Sen. John Cornyn told reporters he would “absolutely” like to have access to the House Ethics Committee report’s findings on former congressman Matt Gaetz. (Photo by Ricky Carioti/The Washington Post) Sen. Susan Collins (R-Maine), a moderate who has opposed Trump in the past, said she is “confident” the findings of the Ethics Committee would be brought out during the confirmation process. Sen. Thom Tillis (R-North Carolina), another Judiciary Committee member, said he believed the findings would come to light as well and be examined in the hearing.
“Mr. Gaetz is an example of where the Senate’s role is critical to take a look at allegations and at his fitness for a very important job,” Collins said.
Sen. Dick Durbin (D-Illinois), the current chair of the Judiciary Committee, called upon the House Ethics committee to “preserve and share their report and all relevant documentation on Mr. Gaetz with the Senate Judiciary Committee,” in a statement on Thursday. Democrats made clear they were prepared to battle the nomination.
Other Republicans on the Judiciary Committee would not comment on whether they’d like access to the report, including the incoming chair Sen. Chuck Grassley (Iowa).
“The vetting process takes care of that,” Grassley said, when asked if he would like access to the report as he left the building on Thursday. “I’m going to the airport.”
Sen. Lindsey Graham (R-South Carolina), a Trump ally and another member, said he would leave the decision up to the House.
“Congressman Gaetz will obviously come to the Judiciary Committee and I think that process will be a good thing,” said Sen. Josh Hawley (R-Missouri), another member of the committee, who added he expects to support all of Trump’s picks.
The move sets up a potential showdown with the Hill, given Trump has threatened to use recess appointments to bypass the chamber if they do not approve his nominees.
Some Republican senators have warned the president against bypassing the Senate for nominees who do not have the votes. “Regardless of who the president is, I believe that the Senate’s role should not be shortchanged,” said Collins.
Mullin said he didn’t believe Trump would use a recess appointment for someone who lacked GOP support. “I don’t see that scenario playing out,” he said. He added Senate Republicans planned to speedily confirm as many of Trump’s nominees as possible.
The fracas also threatens to divide the Republican conference just as it is meant to be unifying under its new leader elected this week, Sen. John Thune (South Dakota). Some conservative activists have threatened to organize primary challengers to senators who vote against Gaetz, and even some senators have echoed that rhetoric.
“If you want to get in the way, fine, but we’re going to try to get you out of the Senate,” Sen. Tommy Tuberville (R-Alabama) said on Fox News of any colleagues who would oppose Gaetz on Wednesday.
Sen. Mike Braun (R-Indiana), who is leaving the Senate at the end of the year, said most of Trump’s nominees are good picks who want to shake up the system, but that not all of them will make it through the process.
“On any that are too far out there they’ve got to go through regular scrutiny in the Senate and some may get stopped here,” Braun said. “That’s the risk you have when you’re pushing that envelope too much.”
Mariana Alfaro, Marianna Sotomayor, Jacqueline Alemany and Paul Kane contributed to this report.
