Matt Gaetz attorney general confirmation was in doubt ahead of withdrawal
President-elect Donald Trump's nominee to be attorney general, former Rep. Matt Gaetz, R-Fla., closes a door to a private meeting with Vice President-elect JD Vance and Republican Senate Judiciary Committee members, at the Capitol in Washington on Wednesday. (AP Photo/J. Scott Applewhite)
Former congressman Matt Gaetz (R-Florida) has withdrawn from consideration to become attorney general in a new Trump administration, he announced Thursday, after facing steep opposition from fellow Republicans.
“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition,” Gaetz wrote on social media. “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.”
The MAGA lightning rod faced an all-but-impossible path to confirmation, even in a GOP-led Senate next year, given the number of Republican enemies he made orchestrating the ouster of Kevin McCarthy (R-California) as House speaker last year, as well as allegations he paid for sex with a minor. Gaetz has denied those charges, which were the subject of a House Ethics Committee investigation.
Gaetz and Vice President-elect JD Vance spent Wednesday courting votes in the Capitol among GOP senators who sit on the Judiciary Committee, one of whom warned that Gaetz’s confirmation hearing would be like “Kavanaugh on steroids.”
Only a handful of senators, including Tommy Tuberville (R-Alabama), Rick Scott (R-Florida) and incoming senator Bernie Moreno of Ohio, had publicly said they would vote for Gaetz.
A close Trump ally, Sen. Markwayne Mullin (R-Oklahoma), said Wednesday he did not believe that Gaetz had a path to 50 votes in the chamber.
“I just don’t see a path forward at this point,” he said. “But he has a right to push as hard as he wants to, and if he wants a hearing on it, that’s between him and the president.”
A person involved in Trump’s team, who spoke on condition of anonymity to discuss sensitive issues, said there was widespread belief that Gaetz did not have the votes - and that did not change after the meetings yesterday. The person said Gaetz wanted the job and pitched Trump that he would take on the institution, and that the decision was controversial even within Trump’s orbit. “He was going to be the worst confirmation by far, and I don’t think the votes were there,” the person said.
Several senators had been communicating with Trump’s team about their concerns with Gaetz and the uphill battle to confirm him, people familiar with the outreach said.
In private meetings with senators, Gaetz and Vance acknowledged they were lacking support from Judiciary Committee Republicans, according to a person familiar with the meetings. Gaetz seemed nervous in the private meetings and did not appear familiar with the scope of the Justice Department, the person said.
At least one senator who met with Gaetz yesterday said he was stunned by the decision, given Gaetz had shown no signs of wavering. “When I was shown the tweet, I asked the gentleman who showed me, double check it and make sure it’s not it’s not one of those fake news tweets,” said Sen. John Neely Kennedy (R-Louisiana).
Some senators appeared relieved at avoiding the likely messy confirmation battle, which was heightened by Trump’s recent threat to use recess appointments to bypass the chamber if his nominees faltered.
“I think that was appropriate,” said Sen. Mitch McConnell (R-Kentucky) when asked for his reaction to the news.
Mullin called the decision a “positive move.” He said that Gaetz’s path to confirmation got “harder and harder” as more negative reports came out about him.
Gaetz’s withdrawal came as new details emerged about the years-long Justice Department and House Ethics Committee investigations into allegations of sexual misconduct against Gaetz. The Justice Department closed its investigation without pressing charges.
The House Ethics Committee declined to release its report on Gaetz’s alleged sexual misconduct this week after a two-hour meeting produced “no consensus” on the matter. The panel agreed to reconvene on Dec. 5, and Rep. Sean Casten (D-Illinois) introduced a fast-track procedural move to allow the full House to vote on releasing the report.
Gaetz resigned from Congress last week right after Trump named him as his pick for attorney general. The announcement came after Gaetz hitched a ride on Trump’s plane back to Palm Beach after a visit with lawmakers in Washington. It caused immediate consternation among Republican of allies of Trump in the Senate, who communicated those concerns to Trump advisers.
It’s unclear who Trump will tap next for the role. Sen. Eric Schmitt (R-Missouri), who was previously floated as a contender for the attorney general role, reiterated his previous pledge that he wants to stay in the Senate.
Leigh Ann Caldwell, Abigail Hauslohner and Meryl Kornfield contributed to this report.
