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Nomination of Matt Gaetz for U.S. attorney general

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Trump Administration
(second term)
Donald Trump • J.D. Vance


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President-elect Donald Trump (R) announced U.S. Rep. Matt Gaetz (R-Fla.) as his nominee for U.S. attorney general on November 13, 2024.[1] Gaetz resigned from the U.S. House of Representatives later that day.[2] This presidential appointment would have required Senate confirmation.

About a week later, on November 21, Gaetz withdrew himself from consideration for attorney general, saying, "I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback - and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I'll be withdrawing my name from consideration to serve as Attorney General."[3]

Trump issued a statement on Truth Social on November 21, saying, "I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General. He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect. Matt has a wonderful future, and I look forward to watching all of the great things he will do!"[4]

Click here to read more about the confirmation process for Trump's attorney general in his second presidential term.

This page includes the following information about the nomination and withdrawal:

About the nominee

Gaetz earned his B.S. in social science with concentrations in political science, history, and geography from Florida State University in 2003 and his J.D. from the College of William and Mary in 2007. His professional experience includes working as an attorney with the firm of Keefe, Anchors, Gordon, and Moyle in Fort Walton Beach. Below is an abbreviated outline of Gaetz's academic, professional, and political career:[5]

  • 2017-2024: U.S. Representative from Florida's 1st Congressional District
  • 2010-2016: Florida state representative
  • Lawyer
  • 2007: Graduated from William & Mary Law School with a J.D.
  • 2003: Graduated from Florida State University in Tallahassee with a B.S.

Statements in response to nomination announcement

The section below provides statements from senators in response to Trump's November 13, 2024, announcement of Gaetz as his nominee for U.S. attorney general in his second presidential term.

Republicans

I suppose I’ll have to look at it. That’s all I can say at this point because I don’t know much about Matt Gaetz.[6][7]
—Sen. Chuck Grassley (R-Iowa), expected chairman of the Senate Judiciary Committee in the 119th Congress
I think Matt Gaetz is very bright. I think he’s qualified. He’ll have a hearing and he’ll have some tough questions to answer.[6][7]
—Sen. Lindsey Graham (R-S.C.)
I do not see him as a serious candidate. The president is free to nominate whoever he may wish. Our constitutional role in nominations is to provide advice. [...] I don’t know that any of my Senate colleagues advise that Matt Gaetz name should go up, but it’s what [Trump] apparently has advanced. But, then our role is to determine the consent end of it. Do we give our consent or do we not?[6][7]
—Sen. Lisa Murkowski (R-Alaska)

Democrats

During his first administration, Donald Trump assaulted the Constitution, undermined the rule of law, and tried to use the Department of Justice to overturn the results of the 2020 election. He has made it clear that he now plans to use the Justice Department to seek revenge on his political enemies. Representative Matt Gaetz would be a disaster as the next Attorney General of the United States.[8][7]
—Sen. Dick Durbin (D-Ill.), highest-ranking Democratic member of the Senate Judiciary Committee
There’s a lot of folks that would be excellent attorney generals, uphold the rule of law. I don’t think Gaetz is on the short list of that group.[9][7]
—Sen. Peter Welch (D-Vt.)
Obviously, it’s not serious. No one’s going to confirm him. And I’m certainly not going to freak out.[10][7]
—Sen. John Fetterman (D-Pa.)

History of withdrawn Cabinet nominations

Matt Gaetz's (R) eight-day nomination is tied with George W. Bush's (R) nomination of Bernie Kerik's for the third shortest withdrawn nomination in United States history.[11]

Gaetz's withdrawal from consideration as U.S. attorney general marks the seventh presidential transition in a row where a president had at least one nominee withdrawn or rejected by the U.S. Senate before the end of their second month in office.

Joe Biden (D) withdrew one nominee, Neera Tanden for administrator of the Office of Management and Budget. Tanden's nomination was announced on November 30, 2020, and withdrawn on March 2, 2021, after Senate committee hearings.[12][13]

George H.W. Bush (R), Bill Clinton (D), George W. Bush (R), and Trump, during his first term, each also had one nomination withdrawn or rejected before the end of their second month in office, while Barack Obama (D) had three in this timeframe.[14]

According to the Center for Presidential Transition, "most unsuccessful nominees are withdrawn prior to a Senate vote when it becomes apparent there is not enough support for confirmation. Administrations typically anticipate a candidate cannot win in the Senate and withdraw the nomination before a failed vote takes place. In fact, only one Cabinet nominee has been rejected in a Senate floor vote in the last 60 years – George H. W. Bush’s nominee for secretary of Defense, John Tower, in 1989." Of the seven nominations withdrawn towards the start of a presidential transition since 2001, Gaetz's withdrawal from consideration is the fourth nomination withdrawn before the Senate officially received the nomination.[14]

About the confirmation process

See also: Appointment confirmation process

The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy. Supporters and opponents of the nominee may also testify.[15]

Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably, or without recommendation. The nomination will then go to the Senate floor for consideration. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.[16]

About the Cabinet

A presidential Cabinet is a group of senior federal officials who advise the president on the issues and activities of their respective agencies. The Cabinet tradition is rooted in Article II, Section 2, Clause 1 of the Constitution, which states that the president "may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices."[17]

While not explicitly identified in the Constitution, the Cabinet secretaries are the 15 agency heads who are in the presidential line of succession. The vice president is also part of the Cabinet. These positions, in order of presidential succession, are:

The number of officials in a Cabinet can vary across presidential administrations. The following additional positions are part of Trump's second term presidential Cabinet:

All of the positions above, except for Vice President and White House Chief of Staff, require Senate confirmation.

Other Trump Cabinet nominees

See also: Donald Trump's Cabinet, 2025 and Confirmation process for Donald Trump's Cabinet nominees, 2025

The following table provides an overview of the status, confirmation hearings, and committee and Senate votes for each of Trump's Cabinet and Cabinet-rank nominees in his second term.

Overview of confirmation process for Donald Trump's Cabinet nominees in his second term
Nominee Position Announced Senate committee Confirmation hearing Committee vote Senate vote Status
Marco Rubio Secretary of State November 13, 2024 Foreign Relations January 15, 2025 Favorable (22-0) 99-0 Confirmed on January 20, 2025
Scott Bessent Secretary of the Treasury November 22, 2024 Finance January 16, 2025 Favorable (16-11) 68-29 Confirmed on January 27, 2025
Pete Hegseth Secretary of Defense November 12, 2024 Armed Services January 14, 2025 Favorable (14-13) 51-50 Confirmed on January 24, 2025
Matt Gaetz Attorney General November 13, 2024 Judiciary N/A N/A N/A Withdrawn on November 21, 2024
Pam Bondi Attorney General November 21, 2024 Judiciary January 15-16, 2025 Favorable (12-10) 54-46 Confirmed on February 4, 2025
Doug Burgum Secretary of the Interior November 14, 2024 Energy and Natural Resources January 16, 2025 Favorable (18-2) 80-17 Confirmed on January 30, 2025
Brooke Rollins Secretary of Agriculture November 23, 2024 Agriculture, Nutrition, and Forestry January 23, 2025 Favorable (23-0) 72-28 Confirmed on February 13, 2025
Howard Lutnick Secretary of Commerce November 19, 2024 Commerce, Science, and Transportation January 29, 2025 Favorable (16-12) 51-45 Confirmed on February 18, 2025
Lori Chavez-DeRemer Secretary of Labor November 22, 2024 Health, Education, Labor, and Pensions February 19, 2025 Favorable (13-9) 67-32 Confirmed on March 10, 2025
Robert F. Kennedy Jr. Secretary of Health and Human Services November 14, 2024 Health, Education, Labor, and Pensions
/ Finance
January 30, 2025 / January 29, 2025 N/A / Favorable (14-13) 52-48 Confirmed on February 13, 2025
Scott Turner Secretary of Housing and Urban Development November 22, 2024 Banking, Housing, and Urban Affairs January 16, 2025 Favorable (13-11) 55-44 Confirmed on February 5, 2025
Sean Duffy Secretary of Transportation November 18, 2024 Commerce, Science, and Transportation January 15, 2025 Favorable (28-0) 77-22 Confirmed on January 28, 2025
Chris Wright Secretary of Energy November 16, 2024 Energy and Natural Resources January 15, 2025 Favorable (15-5) 59-38 Confirmed on February 3, 2025
Linda McMahon Secretary of Education November 19, 2024 Health, Education, Labor, and Pensions February 13, 2025 Favorable (12-11) 51-45 Confirmed on March 3, 2025
Doug Collins Secretary of Veterans Affairs November 14, 2024 Veterans' Affairs January 21, 2025 Favorable (18-1) 77-23 Confirmed on February 4, 2025
Kristi Noem Secretary of Homeland Security November 12, 2024 Homeland Security and Governmental Affairs January 17, 2025 Favorable (13-2) 59-34 Confirmed on January 25, 2025
Jamieson Greer U.S. Trade Representative November 26, 2024 Finance February 6, 2025 Favorable (15-12) 56-43 Confirmed on February 26, 2025
Tulsi Gabbard Director of National Intelligence November 13, 2024 Intelligence (Select) January 30, 2025 Favorable (9-8) 52-48 Confirmed on February 12, 2025
Elise Stefanik U.S. Ambassador to the United Nations November 11, 2024 Foreign Relations January 21, 2025 Favorable (Voice Vote) N/A Withdrawn on March 27, 2025
Michael Waltz U.S. Ambassador to the United Nations May 1, 2025 Foreign Relations July 15, 2025 Favorable (12-10) TBD Passed committee
Russell Vought Director of the Office of Management and Budget November 22, 2024 Homeland Security and Governmental Affairs / Budget January 15, 2025 / January 22, 2025 Favorable (8-7) / Favorable (11-0) 53-47 Confirmed on February 6, 2025
Lee Zeldin Administrator of the Environmental Protection Agency November 11, 2024 Environment and Public Works January 16, 2025 Favorable (11-8) 56-42 Confirmed on January 29, 2025
Kelly Loeffler Administrator of the Small Business Administration December 4, 2024 Small Business and Entrepreneurship January 29, 2025 Favorable (12-7) 52-46 Confirmed on February 19, 2025
John Ratcliffe Director of the Central Intelligence Agency November 12, 2024 Intelligence (Select) January 15, 2025 Favorable (14-3) 74-25 Confirmed on January 23, 2025

See also

Footnotes

  1. Truth Social, "Trump on November 13, 2024," accessed November 13, 2024
  2. Politico, "Matt Gaetz resigns from Congress," accessed November 13, 2024
  3. X, "Matt Gaetz on November 21, 2024," accessed November 21, 2024
  4. Truth Social, "Trump on November 21, 2024," November 21, 2024
  5. Biographical Directory of the United States Congress, "GAETZ, Matthew L. II, (1982 - )," accessed January 13, 2017
  6. 6.0 6.1 6.2 Associated Press, "What Republicans are saying about Matt Gaetz’s nomination for attorney general," November 14, 2024
  7. 7.0 7.1 7.2 7.3 7.4 7.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. X, "Dick Durbin on November 13, 2024," accessed November 21, 2024
  9. Politico, "‘Reckless pick': Lawmakers express doubts that Gaetz can get confirmed as attorney general," November 13, 2024
  10. NBC News, "Trump baffles Republican senators by picking Matt Gaetz for attorney general," November 13, 2024
  11. Politico, "Matt Gaetz's short-lived 8 days," November 21, 2024
  12. Biden-Harris Transition, "President-elect Biden Announces Key Members of Economic Team," November 30, 2020
  13. CNN.com, "White House pulls Tanden nomination," March 2, 2021
  14. 14.0 14.1 Center for Presidential Transition, "Biden Joins the Club: Each of the Previous Five Presidents Had an Early Cabinet Nominee Withdraw," March 3, 2021
  15. CRS Report for Congress, "Senate Confirmation Process: An Overview," accessed July 24, 2013
  16. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 4, 2019
  17. Constitution Center, "Presidential Advisors," accessed November 18, 2020