Donald Trump’s announcement of Rep. Matt Gaetz (R-FL) as his pick for Attorney General has ignited a political firestorm, shocking the DC establishment, galvanizing Trump loyalists, and sending the Left into an outright frenzy.
Gaetz is a divisive figure, no doubt, with a history of unapologetic loyalty to Trump and a penchant for stirring controversy. But here’s the twist—Trump may not even need to navigate a messy confirmation process for Gaetz. Instead, he could use one of the Constitution’s lesser-known executive tools to secure his Cabinet picks without needing a single Senate vote.
Speaker @MikeJohnson confirms, says just now that Rep. Gaetz has resigned from his House seat. https://t.co/jazh1lXw3b
— Philip Melanchthon Wegmann (@PhilipWegmann) November 14, 2024
The plan being floated by some constitutional hawks involves Trump using his Article II powers to force both Houses of Congress into adjournment, thereby allowing him to recess-appoint Gaetz as Attorney General without the hassle of Senate hearings. This bold approach is hardly routine, but it’s within the framework of the Constitution, which gives the president the power to adjourn Congress in case of a disagreement over when to adjourn.
The roadmap is as follows: First, Speaker Mike Johnson could propose a ten-day adjournment for the House, requiring Senate consent. If the Senate denies that request, Trump would then have grounds to adjourn both Houses himself, paving the way for Gaetz and other Cabinet picks to assume their roles without confirmation. The maneuver, while unconventional, is legally sound and would effectively bypass the Senate’s “advice and consent” role, which was intended to serve as a check on the executive branch. And this is where the establishment is crying foul.
NEW: Reporter asks Rep. Thomas Massie about Trump’s nomination of Matt Gaetz for Attorney General.
Reporter: Will he be confirmed by the Senate?
Massie: “Doesn’t need to… we recess. He’s the Attorney General. Suck it up.”pic.twitter.com/C9djSuw2D6
— Collin Rugg (@CollinRugg) November 13, 2024
Ed Whelan, a legal commentator who’s hardly a Gaetz fan, sounded the alarm on this potential play, urging Speaker Johnson to squash it before it gains traction. Critics argue that the move undermines the Senate’s authority, describing it as an “evisceration” of the confirmation process. But Trump, fresh off a decisive victory, seems intent on moving forward with a team he trusts, and he’s shown little patience for the establishment’s rulebook.
This is a throwback to hardball politics. Past presidents, from Lincoln to FDR, exercised bold executive power when they felt it was necessary, often stretching constitutional authority to its limits. In this case, Trump’s maneuver wouldn’t be about overstepping bounds—it’s about using every lever of power available to assemble the administration he was elected to lead. Gaetz may not be the AG Washington wants, but he’s the one Trump has chosen, and he’s going to fight to put him there.
The main issue with Matt Gaetz is that he used his office to prosecute his political opponents and authorized federal agents to harass parents who were peacefully protesting at school board meetings.
Oh wait, that’s actually Merrick Garland, the current attorney general.
— JD Vance (@JDVance) November 14, 2024
