Donald Trump Receives a Harsh Reality Check
The failure of Matt Gaetz’s nomination for attorney general highlights that the president-elect does not hold absolute power, even with the Republican trifecta in government.
The ill-fated nomination of Matt Gaetz for attorney general underscores this point. Instead of demonstrating Trump's total control over his GOP allies, it highlighted the constraints on his power. The nomination lasted a mere eight days, and its failure is an unwelcome reminder for the president-elect, who has been portraying himself as invincible and asserting a historic mandate despite his narrow popular vote win.
“The short version is ‘checks and balances work,’” noted Eugene Volokh, a law professor at UCLA.
Even though Republicans will dominate both chambers of Congress, the resistance from Senate Republicans to Gaetz’s nomination indicated that there are some limits on Trump’s influence—however minimal. This is despite concerns from the left that he would compel Congress into compliance, gain unfettered support from the conservative-led Supreme Court, and execute his agenda without obstruction.
"I think it shows that Donald Trump cannot get anything he wants,” stated Erwin Chemerinsky, the dean of the University of California-Berkeley School of Law.
Chemerinsky and others warned against drawing sweeping conclusions from the Gaetz incident. They pointed out that Gaetz was particularly reviled and entangled in legal and political scandals, and he was seeking a position with extraordinary powers, which means his failed nomination may not necessarily forecast future challenges Trump could encounter with other nominees.
In reality, if Trump successfully pushes through more controversial nominees, the implication might be that he faces less interference from Congress than before, according to Edward Foley, a constitutional law expert at Ohio State University.
“The Senate will have come up short as measured by the Senators’ own views about the nominees and their capacity to withstand presidential pressure,” Foley remarked.
Despite this setback, Trump has long aimed to project an image of limitless power, especially over Republicans. Just 16 days after winning the presidential election, he is at the height of his influence, rapidly nominating unconventional candidates for powerful government roles. He has pledged to kick off his second term with a barrage of executive actions, including mass deportations, pardons for individuals involved in the January 6 riots, and efforts to conclude the Russia-Ukraine conflict. Additionally, he is anticipated to depend on the attorney general to terminate any lingering investigations into his alleged wrongdoings.
Recently, Trump seemed to lean into the Gaetz nomination even while acknowledging its tough prospects. He reportedly reached out to senators, urging them to keep an open mind, and sent his Vice President-elect, J.D. Vance, to Capitol Hill to advocate for Gaetz among hesitant senators.
The failure to secure Gaetz’s confirmation—as he was perhaps Trump’s most ardent supporter in Washington—for a role that significantly impacts Trump’s own legal circumstances was not part of the plan.
Sen. Chuck Grassley commented on the situation, suggesting that Trump’s ability to push through controversial nominees resembles Bill Clinton’s experience. “He had to send up three secretaries of treasury before he finally got one,” the Iowa Republican pointed out.
Jordain Carney contributed to this report.
Camille Lefevre contributed to this report for TROIB News