President Donald Trump has announced that he intends to nominate Representative Matt Gaetz (R-Florida) to be attorney general.
Gaetz, a longtime Trump supporter, will likely be tasked with rebuilding the Justice Department. The department has traditionally adhered to strong norms against presidential interference. Mr. Trump and his allies have been clear that this must change. President Trump has also repeatedly called for legal action against his political opponents, pledging in 2023 to “appoint a real special counsel to go after Joe Biden and the entire Biden crime family, the most corrupt president in the history of the United States.” There is. .
If approved by the Senate, it would be up to Gaetz to carry out these types of threats.
Before being named attorney general, Gaetz was perhaps best known for two things. One is his long-standing feud with former House Speaker Kevin McCarthy (R-Calif.), who was eventually ousted in no small part because of Gaetz. The other is a series of allegations of sexual misconduct. Gaetz denied the allegations, and the Justice Department closed its investigation into them in 2023.
If Gates were to lead the same department, he would have a uniquely powerful role. He will be tasked with overseeing all federal prosecutions, providing legal advice to the president and the Cabinet, and will have final say on the legal positions the United States takes in court.
Perhaps more importantly, Mr. Gaetz has tremendous power over who gets prosecuted, who gets away with federal crimes, and who, under his dictatorship, is subject to politically motivated prosecutions. The fact is that it will happen.
Trump has repeatedly promised “retaliation” against his Democratic rival. And last July, Supreme Court Republicans ruled that he could order the Justice Department to pursue politically motivated prosecutions without consequences.
During the first Trump administration, President Trump reportedly wanted to order the Justice Department to prosecute former political rival Hillary Clinton and former FBI Director James Comey, but President Donald Trump's general counsel Don McGahn discouraged him from doing so. That's what it means. By contrast, Mr. Gates is a strong supporter of Mr. Trump, so it seems much less likely that he would resist such an order.
Gaetz has a law degree and previously practiced law in northwest Florida. He has served in the House of Representatives since 2017, and has been known for both his stunts on the House floor and his fervent support for Trump, including donning a gas mask to protest mask-wearing policies during the coronavirus pandemic. became known.
In 2021, it was revealed that Gates was the subject of an investigation into allegations of sexual misconduct.
The allegations stemmed from his relationship with Joel Greenberg, a former county-level tax collector who was sentenced to 11 years in prison by a federal judge in 2022. Greenberg pleaded guilty to a wide range of crimes, including sex trafficking of minors and wire fraud. , identity theft, and conspiracy to defraud the federal government. Judge Gregory Presnell, who sentenced Greenberg, said: “I have never seen a defendant commit so many different types of crimes in such a short period of time.”
According to CNN, Greenberg “also cooperated extensively with the Justice Department's sex trafficking investigation into Republican Rep. Matt Gaetz.” Greenberg reportedly told investigators that he witnessed Gates having sex with a 17-year-old girl. (Gaetz categorically denied the allegations in a statement from his office in 2021, writing, “No part of the allegations against me are true.”)
The constitution gives the federal government only limited authority regarding sex crimes, so sex crimes such as prostitution are generally handled by state-level prosecutors. However, the U.S. Department of Justice may become involved in limited circumstances.
The Justice Department's investigation into Gates investigated whether he had a sexual relationship with the teenager and paid for her travel expenses. It is a federal crime to transport someone across state lines for the purpose of prostitution or “illicit sexual activity.” The most serious violations of this statute are punishable by up to 30 years in prison.
In any case, the Justice Department ultimately decided not to indict Gaetz. The reason for the refusal has not been made public, but just because someone has not been indicted does not necessarily mean they will be cleared of the charges. Meanwhile, the House ethics investigation into Gaetz is still ongoing.
According to ABC News, a woman told the House committee investigating Gates that the congressman paid her for sex. Others said Gates was also paid to attend parties where attendees used drugs and had sex. Again, Gaetz denied any wrongdoing.
It is unclear at this time whether a majority of senators will vote in favor of Gaetz's confirmation as attorney general. But there is also evidence that the sexual misconduct allegations against Gates and his generally poor reputation on Capitol Hill will disgust many Republicans. For example, in 2023, Sen. Markwayne Mullin (R-Okla.) said: [Republican] The conference defended Gates,'' after seeing some evidence against Gates.
As New York Times columnist Ezra Klein writes, Trump's decision to nominate Gaetz can be read as an effort to see whether Republican senators will tolerate his absurd and dangerous behavior. It should be done. “These are more than just appointments,” Klein wrote of Gates and defense secretary nominee Pete Hegseth. The absurdity is the point. ”
