President-elect Donald Trump is once again weighing contenders for attorney general after former Rep. Matt Gaetz, his top choice, announced Thursday that he was removing himself from consideration.
Prior to nominating Gaetz, Trump’s short list of attorney general prospects had included several others, but he tapped at least two of them, John Ratcliffe and Matt Whitaker, for different roles in his administration.
As for other possibilities, Missouri Attorney General Andrew Bailey, a combat veteran and outspoken Trump supporter, was in the running, but CNN reported that Bailey did not satisfy Trump’s qualifications. Bailey’s spokesperson has not responded to requests for comment.
Meanwhile, factions of Trump’s base have been rallying behind Ken Paxton of Texas, another state attorney general and a top ally of Trump’s during his legal fights over the 2020 election results, and prominent conservative attorney Mark Paoletta.
What qualities is Trump looking for?
Trump has set lofty expectations for his attorney general after his last two, Jeff Sessions and Bill Barr, fell out of favor with him over the Trump-Russia collusion investigation and the former president’s false claims about the 2020 election, respectively.
In his vision for his next Justice Department, Trump has vowed to seek retribution against prosecutors, including special counsel Jack Smith, who led criminal cases against him. The president-elect also campaigned on promises that he would deport millions of immigrants who entered the country illegally; fight diversity, equity, and inclusion initiatives; and carry out a large-scale pardon operation for Jan. 6, 2021, defendants.
These efforts will require a staunch Trump loyalist as attorney general and significant DOJ manpower, especially on the deportation front, considering that liberal governors have denounced the planned action and said they would not comply with it.
According to Trump, Gaetz, a firebrand and occasional source of controversy in the House, was “tenacious” and best suited to “end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department.”
Still, Trump’s move to nominate him had come as a shock in Washington because Gaetz had no prosecutorial experience, had positioned himself as an outlier even among his Republican colleagues, and had been caught up in DOJ and House Ethics Committee investigations over sex trafficking allegations. Gaetz has denied all wrongdoing, but the inquiries dominated headlines in the wake of the Florida Republican’s nomination, leading to a media whirlwind that ended with Gaetz withdrawing his name to prevent what he described as further “distraction.”
Could a senator become attorney general?
As senators reacted to the news of Gaetz’s withdrawal, a couple floated two of their Republican colleagues with extensive legal backgrounds: Sens. Ted Cruz (R-TX) and Mike Lee (R-UT).
Sen. John Cornyn (R-TX) smiled as he told reporters that “somebody suggested that maybe Ted Cruz should be the next attorney general.” Cornyn added that Cruz was an “outstanding lawyer.”
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Meanwhile, Sen. Mike Rounds (R-SD) floated Lee’s name. Lee worked as a lawyer for more than a decade, clerking for Supreme Court Justice Samuel Alito and working in private practice.
Lee’s and Cruz’s offices did not respond to questions about the possibility of their nominations.
Ramsey Touchberry contributed to this report.