'Alarming': Congressional expert details Trump’s ability to install Gaetz via recess appointments

Of all the hotly debated cabinet picks that President-elect Donald Trump has announced, the mostly controversial of all is former Rep. Matt Gaetz (R-Florida) — Trump's choice for U.S. attorney general.

In order for Gaetz to actually replace Democrat Merrick Garland in that position in 2025, the far-right MAGA Republican would traditionally need to be confirmed by the U.S. Senate — which will be controlled by a GOP majority. But Gaetz has plenty of detractors in his own party.

Gaetz is controversial not only because of the sex trafficking investigation he faced, but also, because of the role he played in former Rep. Kevin McCarthy (R-California) being ousted as House speaker.

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The New Republic's Greg Sargent, in an interview with the Brooking Institution's Sarah Binder for the publication's podcast, delves into the possibility of Trump being able to dodge the U.S. Senate and make Gaetz U.S. attorney general via recess appointments. House Speaker Mike Johnson (R-Louisiana), Sargent notes, is very much a Trump loyalist.

In a November 19 post on X, formerly Twitter, Sargent warns, "Alarming: Trump really can send Congress home if Mike Johnson creates the pretext he needs to adjourn lawmakers. Then he can recess-appoint Gaetz or anyone he wants."

Binder, an expert on congressional rules, explained how the process of recess appointments works during her conversation with Sargent. And both Binder and Sargent find that possibility disturbing.

Binder told Sargent, "It's in the Constitution. The president has the authority to make what we think of as short-term temporary appointments. They would last until the end of the current session. So if, let's say, President Trump, when he is inaugurated, were to make a recess appointment of RFK Jr. to head HHS…. What Trump would do: make the appointment. That appointment would last…. Short-term appointments: no involvement of the Senate."

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Binder also told Sargent, "Rules can’t defend themselves. Lawmakers have to rise to the challenge and make a choice."

On X, Sargent tweeted, "The key conclusion: GOP senators need to decide whether they're going to do their duty, or not."

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Listen to Greg Sargent's full interview with Sarah Binder at this New Republic link.