Matt Gaetz was met with roars of delight last year when he vowed to bring the FBI and the Department of Justice “to heel”. “We either get this government back on our side or we defund, and get rid, abolish . . . every last one of them,” he told an audience of right-wing activists.
The firebrand congressman from Florida is, by next year, poised to be running the very same department he was ready to wipe out, bringing a mandate from Donald Trump to tame a legal apparatus that they both claim was “weaponised” against them.
Trump’s nomination of Gaetz as attorney-general on Friday — putting him forward to become America’s chief law enforcement officer and the president’s top legal adviser — has stunned Washington.
The Trump ultra-loyalist, who has been investigated for alleged sex trafficking, will still need to be confirmed by the Senate before he can take office, a significant hurdle even with the slim Republican majority in the upper chamber of Congress.
But no single appointment has given a clearer indication of Trump’s hardline agenda for his second term. Many in Washington’s legal community fear it shows Trump is determined to find an attorney-general who will relish turning the might of US law enforcement against his political foes.
Trump has said he would seek “retribution” for individuals he sees as wronged, and has called for the prosecution of opponents, including Nancy Pelosi, former Democratic speaker of the House; US vice-president Kamala Harris, whom he defeated in the 2024 general election; and Liz Cheney, who helped lead a congressional probe into the attack on the US Capitol.
He has also threatened to appoint a special prosecutor to “go after” outgoing US President Joe Biden and his family. “I will totally obliterate the Deep State,” Trump has vowed.
By picking Gaetz, “it looks like [Trump is] trying to make sure there are no speed bumps that stand in his way”, said a former senior DoJ official.
Few of Trump’s acolytes have proved as strident, unstinting and zealous as Gaetz. He promoted Trump’s baseless claims of election fraud in 2020 with gusto, voting to overturn the result and defending Trump’s actions leading up to the January 6 riots on Capitol Hill.
He was vocal in arguing that the criminal cases against Trump were an abuse of justice. “The lawfare we have seen against President Trump will do great damage well beyond our time in public service,” Gaetz told US attorney-general Merrick Garland during a congressional hearing earlier this year.
During Trump’s criminal trial in Manhattan, Gaetz also showed up and declared he was “standing back, and standing by” — echoing language adopted by the far-right Proud Boys.
It is a long-standing norm that US presidents do not interfere with the DoJ’s investigations or meddle with the criminal process. But Trump could still resort to unorthodox means and an ultraloyal attorney-general to pressure the justice department, which is part of the executive branch he oversees as president.
“In light of Gaetz’s hyper-partisan persona, it might be difficult for the public to accept that charging decisions are being made objectively and independent of political motivation,” said Barbara McQuade, professor at University of Michigan’s law school and a former US attorney.
McQuade said the grand jury system, judges and trial juries would be “an effective check” on Gaetz potentially pursuing Trump’s vendettas. “But if Gaetz fails to respect DoJ policy and norms, he could initiate investigations that could cause hardship for his targets,” she said.
Trump may be emboldened by the US Supreme Court ruling in July stating that former presidents are immune from criminal prosecution for their official acts — and reassured by his own appointment of more than 200 federal judges in lower courts during his first presidency.
The DoJ has previously probed Gaetz over allegations of sex trafficking of a 17-year-old girl and obstruction of justice. Shortly after the investigation was dropped in 2023, he told the crowd at the Conservative Political Action Conference (CPAC): “I think vindication looks pretty good on me!”
The House has also investigated Gaetz for alleged ethics breaches, including sexual misconduct, drug use and the acceptance of gifts. He has repeatedly denied all allegations, which are expected to be a key focus in his Senate confirmation hearings.
Gaetz has also revelled in baiting the left, both through theatrical stunts and as an incendiary commentator on cable television.
In the early stages of the pandemic, he appeared on the House floor in a gas mask to ridicule public safety measures. When Democrats first moved to impeach Trump in 2019, Gaetz led a group of Republicans who wrestled their way into secure committee rooms to disrupt the investigation.
He shot to prominence last year after spearheading the ouster of fellow Republican Kevin McCarthy as House speaker.
Gaetz’s nomination “will pose a test to Senator [John] Thune’s commitment to the institutions on which the government relies”, said Daniel Richman, a professor at Columbia Law School and former federal prosecutor, referring to the newly elected Republican leader in the Senate. Thune was elected Senate majority leader on Wednesday.
Senator Lisa Murkowski of Alaska told NBC News on Wednesday that Gaetz was not “a serious nomination”. “I’m looking forward to the opportunity to consider somebody that is serious. This one was not on my bingo card.”
Some legal experts speculated that Trump may seek a “recess appointment” for Gaetz, who only briefly practised law before joining Congress, to avoid potential problems in his Senate confirmation.
The mechanism, intended to be used for emergency appointments when the Senate is not in session, has been rarely used in recent years as lawmakers have sought to stop presidential nominees from skirting Congressional oversight.
Trump on Sunday said Republican senators seeking to become majority leader “must agree” to recess appointments, “without which we will not be able to get people confirmed in a timely manner”. Then leadership candidate Thune later indicated that “all options are on the table” to confirm Trump’s nominees, “including recess appointments”.
For all the debate around Gaetz’s confirmation process, his proposed appointment alone may hit the DoJ, accelerating an expected outflow of staff.
“To have as the attorney-general somebody who is widely thought of as more of a henchman than . . . a principled law enforcement official, will do nothing to discourage people from leaving,” the former DoJ official said.
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