Ex-Rep. Matt Gaetz faced rising skepticism on Thursday about his nomination to be President-elect Trump’s attorney general as a congressional ethics report reportedly was set to accuse him of drug use and sexual misconduct.
Republican lawmakers suggested Gaetz, who abruptly resigned from his House seat Wednesday, would have an uphill battle to win confirmation by the Senate, although Trump has already said he wants the power to push through so-called recess appointments without congressional approval.
Powerful Sen. John Cornyn (R-Texas) said senators would “absolutely” want to see the House ethics report on Gaetz while weighing his confirmation.
“There should be (no) limitation on the Senate Judiciary Committee investigation, including whatever the House Ethics Committee has generated,” Cornyn said.
“I want to read the report and find out what the investigation behind it brought out,” said Sen. Dick Durbin (D-Illinois), chair of the current Democratic-led Judiciary Committee.
Gaetz, 42, who has none of the traditional credentials for an attorney general like significant experience as a prosecutor, judge or senior lawyer, suddenly resigned his seat in Congress Wednesday on the same day as Trump announced his intention to name him to lead the Department of Justice.
The rapid-fire move appeared aimed at short-circuiting the expected release as soon as Friday of a “highly damaging” report on Gaetz by the Republican-led House ethics committee, Punchbowl News first reported.
The committee’s jurisdiction over Gaetz ends with his resignation, potentially leading to the report’s burial.
The report reportedly delves into allegations of drug use and sex with female escorts, including one who was allegedly a minor.
Gaetz was investigated by a federal grand jury for months over the same allegations but prosecutors declined to charge him.
Several Republican lawmakers have expressed doubts about Gaetz’s ability to win the 50 Senate votes needed for confirmation, especially given his thin resume of legal experience. But others doubted Congress would buck Trump after he led the party to a sweeping victory in the recent election.
There will be an expected 53 Republican senators in the new Congress and Vice President-elect JD Vance would get a tie-breaking vote, meaning four GOP senators would likely have to oppose Gaetz to block his appointment.
Gaetz has called for the elimination of the FBI and the Department of Justice, along with other federal law enforcement agencies.
He has denounced the successful prosecution of the Trump supporters who stormed the Capitol on Jan. 6, 2021 and spread unfounded conspiracy theories that the attack was a provocation spurred by federal agents.
As attorney general, he would have power to launch investigations into those who have criticized him or Trump. He could also decline to pursue allegations of criminal behavior against Trump allies.
“He’s designed to deliver a kick in the teeth to the DOJ,” former federal prosecutor Harry Litman told CNN. “It’s a body blow to our democracy.”
“This is making a mockery of our judicial system,” Olivia Troye, a former aide to ex-Vice President Mike Pence, added.
