(WASHINGTON) — President-elect Donald Trump has been calling Senate Republicans to push for now-former Rep. Matt Gaetz to be confirmed as attorney general as lawmakers continue to raise concerns over the nomination.
Gaetz was being investigated by the House Ethics Committee for alleged sexual misconduct and illicit drug use. But his resignation from Congress after being announced as Trump’s pick to lead the Justice Department placed the panel’s report in limbo.
Some Senate Republicans are standing by their calls to see the report, though many now say they will be banking on their colleagues in the Senate Judiciary Committee — known for often controversial public hearings — to do a fulsome vetting of Gaetz.
Gaetz’s nomination will come before the Senate Judiciary Committee, which will vote on whether to send it to the whole of the Senate. Incoming Senate Majority Leader John Thune said on Monday night he’ll leave it to the panel to determine what information they need to vet Gaetz, and whether or not that includes the ethics committee report.
“I’m not sure I know the answer to how that’s going to be handled,” Thune said when asked about the report. “I think that’s going to be a House issue, and then ultimately up to the Senate Judiciary Committee who is going to have the responsibility to go through the confirmation hearing and the process.”
Judiciary committee members say they believe they’ll get information on Gaetz during the committee process with or without the Ethics report. But it could be fiery.
“Whether we get the ethics report or not, the facts are going to come out one way or the other, and I would think it would be in everybody’s best interest, including the president’s not to be surprised by some information that might come out during the confirmation hearing in the background check, so we’re going to do our job and under the Constitution,” said Republican Sen. John Cornyn.
Cornyn seemed to suggest that one way that information could come out is by calling those associated with the allegations to appear before the Senate Judiciary Committee.
“It’s not critical that they release the report because we know roughly who the witnesses are, and soon they’ll be called before the judiciary committee,” Cornyn said.
If Gaetz makes it before the committee it is not yet clear what witnesses would ultimately be called to testify. Republicans could call one of these women, or their attorney, before the committee if they want to hear from them. But Democrats would also have the opportunity to call witnesses, and they are not ruling out calling the women who have made allegations against Gaetz to testify.
“That’ll be a committee decision,” Sen. Peter Welch, a Vermont Democrat, said on Monday when asked about whether he’d support calling one of the women.
Calling such a witness has the potential to lead to a public hearing not unlike the high-profile Brett Kavanaugh Supreme Court nomination hearing, during which his accuser, Christine Blasey Ford, testified.
Sen. Thom Tillis, who also serves on the Senate Judiciary Committee, alluded to that process on Monday.
Tillis said he was inclined to “honor Speaker Johnson’s position” on the House Ethics Committee report. Johnson has said he doesn’t want the report released. But there are other ways for the committee to obtain information, Tillis said.
“You should take a look at the Kavanaugh hearing,” he said.
The belief that information contained in the report would eventually be known to the committee, either by leak, press report or FBI background check, was widespread among Republicans.
“As we all know, this place leaks like a wet paper bag, and I would not faint with surprise to find out that the ethics report at some point leaks,” Sen. John Kennedy, who serves on the Judiciary Committee, said.
But when some Republicans were pressed on whether they’ll insist on an FBI background check on Gaetz being completed, there was a bit of a lack of clarity. Sen. Chuck Grassley, who will likely return to chair the committee next session, said it would be up to the president to request a background check.
Gaetz has been working the phones, reaching out to members of the Senate Judiciary Committee urging them to consider his nomination through regular order.
“I got a phone call from Congressman Gaetz, and I congratulated him and he said,” Will I get a fair shake in the Senate?” Kennedy said. “And I said ‘Absolutely Matt, just come on over, answer all the questionnaires, tell us the truth, tell us what your plans are for the agency and I’m looking forward to it.'”
Sen. Josh Hawley, R-Mo., said Gaetz told him he wants a hearing before the committee.
“He wants to move forward with his nomination and wants to be able to answer these things in public and have it go through the regular process, have confirmation here, which I think is good. We should do that,” Hawley said.
Hawley, however, cautioned against a Kavanaugh-style confirmation hearing, something he said was “not normal”.
Sen. Lisa Murkowski, who opposed Kavanaugh’s confirmation, said she, too, would be looking to the Judiciary Committee’s process. She thinks the House ethics report should be a part of it.
“I think the committee will have an opportunity to again engage in very significant vetting. It would certainly make sense to have something if the report was complete or close to completion,” she said.
Regardless of the committee process there remains skepticism among Republicans about Gaetz’s ability to be confirmed.
“He does have an uphill climb,” Sen. Joni Ernst, R-IA, said. “But I look forward to visiting with him about it.”
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