There is a plan in case Senate Republicans aren’t as compliant as Trump wants

Philip Bump
| Washington Post

As of Wednesday afternoon, the most controversial cabinet candidate being offered by President-elect Donald Trump is Matt Gaetz, the former congressman from Florida. This title may well be usurped at the time of publication.

Gaetz’s nomination to be attorney general arguably reflects Trump’s updated view of presidential power: prioritizing disruption and punishing his opponents over traditional qualities, such as experience and independence. As such, it is not entirely clear that Gaetz (or previous holders of the most contested title) will actually receive the approval of a majority of the Senate and therefore the right to serve in that role.

Should that happen, however, there is a backup plan.

Let us first note that such readiness may not be necessary. Gaetz would need 50 votes in the Senate to be confirmed, allowing Vice President-elect JD Vance (once sworn in) to break the tie. The incoming Senate will have 53 Republicans, meaning three Republicans could break the pecking order without affecting the outcome. (Nominees cannot be filibustered under the Senate’s adopted rules.)

Former House Speaker Kevin McCarthy believes more than three Republicans will head south, telling Bloomberg on Thursday that Gaetz would not be confirmed. But then McCarthy has a long-running feud with Gaetz, one that culminated in Gaetz’s successful bid to have the California Republican ousted from his leadership role. As a measure of his ability to predict election results, McCarthy said at the time that he would survive the removal attempt.

CBS News’ Robert Costa reported Thursday morning that a number of high-profile Republican senators who don’t love the Gaetz nomination were likely to agree to his confirmation simply to avoid a public fight. Or perhaps Sen. Richard Blumenthal (D-Connecticut) is correct in estimating that at least five Republicans will ultimately bow. This appears to be one of the central questions in the nomination process for Trump: the extent to which elected Republicans will go along with his will. Those who reject Gaetz (or anyone) can expect an unfriendly reception in the White House and potentially from primary voters.

However, this question of loyalty may be irrelevant to the actual decision of who serves as Attorney General.

Presidents have another tool for filling government vacancies: recess appointments. The Constitution provides that ”