In Washington, as President-elect Donald Trump stands firm in his selection of former Congressman Matt Gaetz for the role of attorney general, a rift has emerged among Republican senators regarding the extent of information they should require to facilitate his confirmation. Additionally, there are concerns about how much resistance to express toward Trump, who has pressured lawmakers to rapidly endorse his Cabinet once he assumes office in January.
Gaetz, a Republican from Florida, is anticipated to commence discussions with senators in the coming week. His selection as the nation’s top law enforcement official is seen as unconventional, leading to a challenging confirmation process in the Senate, particularly as many Republican members express discomfort with his nomination.
During his time in Congress, Gaetz became known for his opposition to the Justice Department and is currently embroiled in a House Ethics investigation investigating allegations of sexual misconduct, improper drug use, receiving unauthorized gifts, and attempts to hinder inquiries into his behavior. Gaetz has denied all accusations against him.
While publicly stating their intention to provide Gaetz with standard due process typically afforded to nominees, many Republican senators are cautious about voicing outright criticism of him. However, there is division among them over whether to request access to the ethics report, which the House ethics committee might disclose following Gaetz’s recent resignation.
House Speaker Mike Johnson, aligning himself closely with Trump, indicated last week that he would “strongly request” the Ethics committee refrain from publishing the investigation’s findings.
Senator John Thune from South Dakota, who is set to assume the Senate majority leader position in January, has deferred to Speaker Johnson’s view, stating that the ethics report is primarily a matter for the House. Conversely, numerous senators in his party contend that the Senate should review the report regardless of its public release.
Senator James Lankford of Oklahoma articulated concerns, expressing that it would be inappropriate to disregard a report simply by saying, “Hey, there’s a report but none of us want to see it.” Meanwhile, Senator Markwayne Mullin, who served alongside Gaetz in the House, emphasized the importance of the ethics report for the Senate’s constitutional duty of “advice and consent.” He stated, “I think the report from the House plays a pivotal role in that.”
Others believe that the truth will emerge in some form, regardless of formal publication. Senator Thom Tillis of North Carolina expressed his inclination to respect Speaker Johnson’s stance, describing it as a reasonable approach.
Tensions between the Senate, the House, and Trump may signal the first of many challenges ahead. Trump has been vocal about his expectation that the Republican-controlled Congress will grant him broad latitude regarding his appointments.
Typically, cabinet nominees provide extensive paperwork to Senate committees ahead of confirmation hearings, including FBI background checks and detailed questionnaires about their personal and professional lives. However, Trump’s transition team has hinted at skipping the standard background checks and has not yet signed any agreements with the White House or Department of Justice to initiate this process.
The absence of the usual documentation, comprising criminal background screenings and financial assessments, could pose challenges for senators questioning Gaetz and other controversial nominees, such as Tulsi Gabbard for Director of National Intelligence, Pete Hegseth for Secretary of Defense, and Robert F. Kennedy Jr. for Secretary of Health and Human Services.
Without the typical procedures, individual committee chairs will face the dilemma of how to proceed without the FBI background checks, while also feeling pressure from Trump and his supporters for expedited confirmation of his nominees. Republican senators have indicated they will insist on obtaining necessary documentation, but uncertainty looms on how this would be managed if the Trump transition team does not agree to cooperate.
Senator Chuck Grassley of Iowa, slated to chair the Senate Judiciary Committee, emphasized the need for transparency to facilitate prompt confirmation, noting concerns expressed by his colleagues, particularly from the Republican side. “I think that if they want a speedy consideration of this nomination we’ve got to have as much transparency as we can have,” he stated.
Senator Roger Wicker, soon to lead the Senate Armed Services Committee, reiterated the desire for a conventional process that includes full FBI background checks on Hegseth and other nominees. “We should do it by the numbers,” he asserted.
Democrats, on the other hand, express apprehension that the process may become complicated or diluted as Trump exerts pressure on Senate Republicans. Senator Jack Reed of Rhode Island underscored the necessity for thorough background checks, warning that a simplified process involving only minimal inquiries would be unacceptable.
Speaker Johnson reinforced his stance, urging the Senate to fulfill its duties by conducting thorough reviews of nominees. “I think President Trump is looking for persons who will shake up the status quo,” he stated, highlighting what he perceives as a mandate from the recent election.