The Gaetz Flop Suggests That Trump Is Still His Own Worst Enemy
The nomination, which fell apart in record time for predictable reasons, reflected a pattern of impulsiveness that may yet defeat the president-elect's worst instincts.
Observers proposed several explanations for President-elect Donald Trump's flabbergasting nomination of former Florida congressman Matt Gaetz as attorney general, which ended last Thursday, eight days after it was announced. Those theories were superficially plausible but ultimately unsatisfying. The explanation that best fits the facts is that Trump tends to act on impulse without regard to foreseeable consequences. While that tendency is worrisome in a chief executive, it means that some of his most alarming plans for a second term may come to naught, frustrated by his own lack of foresight and strategic acumen.
By picking a widely disliked legislator with scant legal experience and skeletons that had been tumbling out of the closet for years, some journalists surmised, Trump was prioritizing personal loyalty above all other concerns. According to this theory, Trump was determined to install a lackey at the top of the Justice Department so he could use its formidable resources to deliver on his threats to investigate, prosecute, and imprison his political enemies once he was back in power.
Billionaire entrepreneur Elon Musk, Trump's wealthiest and bounciest supporter, thought the choice was brilliant. "Matt Gaetz has 3 critical assets that are needed for the AG role: a big brain, a spine of steel and an axe to grind," Musk wrote in an X post two days before Gaetz withdrew his name from consideration by the Senate, where enough Republicans had expressed skepticism or outright opposition to make his confirmation highly unlikely. "He is the Judge Dredd America needs to clean up a corrupt system and put powerful bad actors in prison. Gaetz will be our Hammer of Justice."
According to two other takes on the nomination, Trump picked Gaetz precisely because of his well-known liabilities. In one version, Trump was daring Republican senators to defy his will, making his confirmation an early test of their obeisance. In another version of this theory, Trump knew that Gaetz probably would not be confirmed but was hoping the nomination would make his other controversial picks, including a Fox News host as secretary of defense and an anti-vaxxer as secretary of health and human services, seem decent by comparison. Or maybe it was all an elaborate scheme to ensure that whoever replaced Gaetz would be readily confirmed by relieved senators.
Gaetz's 59-year-old replacement, Pam Bondi, certainly looks well-qualified compared to him. Bondi, who is 17 years older than Gaetz, earned a degree from Stetson University College of Law in 1990 and was admitted to Florida's bar the following year. She worked as a prosecutor in Hillsborough County for more than 18 years before running for attorney general in 2010. She served two terms in that office, from 2011 to 2019, and later worked as a foreign lobbyist.
Gaetz, by contrast, is a 42-year-old graduate of William & Mary Law School who briefly worked for a law firm in Fort Walton Beach before entering state politics in 2010, two years after he was admitted to the Florida bar. The Tampa Bay Times identified seven cases that Gaetz tried as a private attorney. While that list may not be exhaustive, it gives you a sense of his experience.
Gaetz's clients included Okaloosa County, two motorists cited for speeding, a restaurant disputing a worker's compensation claim, an aircraft maintenance company that was sued for negligence, a party in a child custody dispute, and a plaintiff seeking to recover less than $15,000. Gaetz also racked up two wins as an appellate attorney, one involving a skydiving business that had been barred from operating on a farm, the other involving a challenge to an attorney hired by Walton County without the public notification required by state law.
That skimpy legal background pales beside Bondi's extensive experience in criminal and civil cases, which much more closely resembles the typical background of prior U.S. attorneys general. At the same time, Bondi, who spoke at the 2016 Republican National Convention and represented Trump during his first impeachment, is undeniably a Trump loyalist.
Trump's picks for other high-level Justice Department positions likewise pass the loyalty test but have much stronger qualifications than Gaetz. His pick for deputy attorney general is Todd Blanche, a former federal prosecutor and defense attorney who represented Trump in his New York criminal case. Trump has chosen D. John Sauer, a former Missouri solicitor general who represented him in the Supreme Court case that resulted in a favorable decision regarding presidential immunity, as U.S. solicitor general.
If Trump wants to staff the Justice Department with lawyers who will do their best to implement his whims, this is the smart way to do it. Neither Bondi, Blanche, nor Sauer needed the Gaetz example to make them look qualified. And while nominees like Pete Hegseth as secretary of defense and Robert F. Kennedy Jr. as secretary of health and human services might benefit from the comparison, it seems equally likely that the Gaetz flop will embolden Republican senators to take their "advice and consent" role seriously.
The Gaetz nomination, in short, turned into an embarrassing defeat for Trump with no obvious upside. What was Trump thinking? The question probably gives him too much credit.
The New York Times, citing "two people briefed on the matter," reported that Trump settled on Gaetz during a two-hour flight from Washington, D.C., to West Palm Beach on November 13. The passengers included Gaetz, Musk, incoming White House Chief of Staff Susie Wiles, and Boris Epshteyn, a legal adviser who played a key role in Trump's attempts to reverse the 2020 election results.
"Mr. Gaetz's name first came up on the flight up to Washington," the Times said. "It came up again on the flight home, after Mr. Trump found all of his various options— including [Missouri Attorney General Andrew Bailey] and two top corporate lawyers—to be lacking." The Times noted that the announcement of Gaetz's nomination "was issued from Mr. Trump's plane—sent not from the Trump transition team by email, as has been the case for all other appointments, but on his own social media platform, Truth Social." After Gaetz's withdrawal, the Times reiterated that Trump "picked Mr. Gaetz almost on a whim."
That characterization is consistent with the impulsiveness that Trump has frequently displayed as president and as a candidate. When Trump proposed shooting protesters or migrants in the legs, declared that he had the unilateral authority to impose or lift COVID-19 lockdowns, speculated about the potential benefits of bleach treatments in warding off the coronavirus, or dismayed pro-life activists by saying "there has to be some form of punishment" for women who obtain abortions, he seemed to be saying whatever popped into his head without any consideration for practicality. Likewise when he pitched heavy tariffs at rates that varied widely from one comment to another or proposed eliminating taxes on tips, overtime pay, and Social Security benefits.
Why should we assume that Trump gave any more thought to the Gaetz nomination? The explanations that variously portray Gaetz as Trump's "Hammer of Justice," Caligula's horse, or a sacrificial lamb all hinge on the idea that Trump had a clever plan. His track record does not inspire much confidence in that assumption.
As in his first term, Trump's capriciousness is both a character flaw and a saving grace. Although he seems determined this time around to surround himself with advisers who are disinclined to question his worst instincts, that does not necessarily mean he will follow through on threats such as mass deportation, ruinous tariffs, or turning the criminal justice system against his critics.
"Matt is a deeply gifted and tenacious attorney…who has distinguished himself in Congress through his focus on achieving desperately needed reform at the Department of Justice," Trump said when he announced the nomination. "Matt will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans' badly-shattered Faith and Confidence in the Justice Department."
That plan fell apart in record time for predictable reasons. Trump picked Gaetz despite the widely publicized sexual allegations against him, the other charges of ethical violations, his reputation in the House as an obnoxious showboat, and his scant legal experience. That choice does not reflect well on Trump's thoughtfulness or political dexterity, which are qualities he will need to deliver on the worst of his promises.
