Will Trump Break Congress to Confirm Matt Gaetz?

Of the 13 lawyers to serve as attorney general in Gaetz’s lifetime, all but one previously served as a state or federal prosecutor, as a state or federal judge, or as a high-ranking member of the Justice Department itself. The sole exception, Reagan appointee William French Stewart, spent more than 20 years in private practice at one of the nation’s top law firms. Gaetz, on the other hand, has no significant experience as a lawyer in any form. He would undoubtedly be the least qualified attorney general in the history of the republic.

So why did Trump pick him? The obvious reason is loyalty. Gaetz spent his congressional career as a die-hard MAGA loyalist and as one of Trump’s closest allies. As attorney general, he would almost certainly transform the Justice Department into a vehicle for the president’s own whims and grievances, throwing aside its ethical obligations and lashing out at whichever political adversary frustrates Trump at any moment. Confirming Gaetz would be a dark day for the rule of law.

The only thing standing in Trump’s and Gaetz’s way is the Senate. The Constitution allows the president to install top officials in the executive branch only with the “advice and consent” of the upper body. In practical terms, this means any presidential nominee must receive an up-or-down vote from senators before taking up their post. There is only one way around the Senate’s approval: When the Senate is in recess, the Constitution says that presidents “shall have power to fill up all vacancies that may happen” during that recess “by granting commissions which shall expire at the end of their next session.”