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I Really Wasn’t Sure About Matt Gaetz
Then Andy McCarthy weighed in. And now I can’t wait.
McCarthy’s piece (sometimes behind a paywall) is entitled “On Trump’s Foolish, Futile Matt Gaetz AG Nomination”. Now, for many that will be enough: if McCarthy is against, being for can’t be too wrong. But let’s look at the article anyway.
He begins with the disingenuous “I’m not going to mention these allegations I’ve just mentioned,” so I won’t. McCarthy’s substantive charge is that:
[Gaetz] took the constitutional-law (sic) position that the vice president had the authority to … remand the votes back to the states, despite their certification … No one who took such a position is qualified to be attorney general of the United States.
I am about as far from being a constitutional law expert as one could find, so take this with all the appropriate salt, but… that’s it? The Electoral Count Act of 1877 was so unclear on procedure that it was subsequently significantly amended in 2022. The situation regarding the legitimacy of electors certified by states that held elections contrary to Federal laws and their own laws was sufficiently unclear to prompt a Supreme Court case with 18 states on one side and 20 on the other. (The Supremes dismissed the case — for lack of standing.) Am I saying Gaetz’s position was correct? No. But it was clearly sufficiently plausible not to be the sort of position no qualified lawyer could hold.
But, of course, McCarthy’s objection is not to the legal basis for the position. Indeed, he says “Matt Gaetz has a lot of political talent, and a lot of lawyer talent.” McCarthy’s real objection is that Gaetz dared to challenge McCarthy’s true North Star – not the Constitution, not justice, not the good of the country, but The System. “Gaetz,” McCarthy writes, “dabbled in conspiracy theories that the Capitol riot had been led by left-wing radicals … and that it may have been an inside job.” How dare he so dabble! No one must question The Narrative! In this, as in so much, the anti-Trump commentariat misses — deliberately or otherwise — the playful nature of modern political discourse.
McCarthy concedes that “[t]he Justice Department has huge problems that have to be addressed.” But, in his view, “Trump needs a strong, experienced hand who is widely respected for his or her legal acumen and bureaucratic know-how — specifically in the Justice Department.” Because we all know there’s nothing like a Washington insider to get things done, challenge the status quo and undo a generation of injustice. This is the thinking that had the “serious adults” nodding wisely at Merrick Garland’s appointment.
Surely even the National Review can do better than this. I guess they just don’t want to.
In any event, win, lose or draw, Mr. Gaetz looks like just the chap to shake things up a bit. All power to him. (At least in the interim, since the Republican Senate has already set out its stall as the Disloyal Opposition.)
Published in General
“And if you think he’s bad, imagine whom I might nominate in his place if you don’t confirm him.”
Here’s an interesting sequence of comments on X:
JD Vance, 7:51 PM, Sep 13: “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.”
Andy McCarthy, 9:16 PM, Sep 13: “JD, you’re saying he’s qualified because someone who did impeachable things got the gig? I thought you were supposed to be the way forward. This is the same old same old.”
Glenn “Instapundit” Reynolds responds to McCarthy, 11:20 PM, Sep 13: “Eh. It’s a clean hit, don’t deflect. Gaetz isn’t my pick but let’s not pretend that there’s any such thing as disinterested professionalism at DOJ. I keep hearing DOJ alumni say that but all I’ve seen is gangster government.”
Well put, Mr. Reynolds. Well put, indeed.
Is McCarthy still surprised every time there is proven corruption in the DoJ?
And that’s a very old and tired script, as well as unconvincing.
I stopped paying attention to him a long time ago, so I don’t know if he has a new act.
I LOVE this pick. I cried with joy when I first saw it.
Gaetz has one incredibly important virtue: he does not give a fig about being liked or popular. He thrives on the hatred of the media and the Deep State. It just makes him stronger.
I don’t know enough about this, but based only on this exchange, I’d say McCarthy has the best of it. Vance made a weak non-argument, and McCarthy, far from deflecting, addressed it squarely. And while I’m a huge fan of Glenn Reynolds — he’s my first read each morning — he’s doing a fair bit of deflecting himself.
I’ve been waiting for Jonathan Turley’s take on the Gaetz nomination, for he can always be counted on to offer a sober/thoughtful/measured/balanced perspective. And he didn’t disappoint:
“If Trump wanted to defibrillate the Justice Department, the Matt Gaetz nomination is the 100,000-volt option. The President-elect clearly wants an outsider without cultural or professional ties to DOJ. However, securing confirmation will be a monumental challenge … The nomination may have a curious effect on the nomination fights. It will likely draw fire and resources from other nominees. Indeed, other nominees may appear less controversial by comparison. However, it will also serve as a rallying point for a party left in disarray … The President-elect has a legitimate grievance with the Justice Department and a mistrust in the ability of that department to reform itself. Gaetz nomination strips away the surge protectors and pads to deliver a shock to the system … Yet, for even some critics of DOJ, the line between defibrillation and incineration remains a question of voltage. Just a day after the announcement, this is shaping up as one of the most intense confirmation fights in congressional history.”
There’s a strong whiff of “he’s controversial because he’s controversial” about all this. I’m sure he has said things that don’t fit the old mold. He’s quite possibly a difficult person to like. He no doubt has the self-regard of, well, a politician. But if he’s going to have trouble being confirmed because people don’t like him… Well, the system just needs some recalibration, shall we say.
He’s a Congresscritter. We hold the House by only 2 or 3 votes and Mr Trump has nominated at least three of them for his cabinet. There is no guarantee of victory in the special elections that will refill their seats. Without the House, no legislation advances. So I would call this a perilous choice.
Now Jeffrey Blehar makes the case at The Corner that “Matt Gaetz Cannot Be Allowed to Become Attorney General” because “he is quite likely a statutory rapist“. (And because he challenged Kevin McCarthy.)
Florida? Republican.
A friend of ours was a former local high school principal. He eventually became a financial advisor in part because he couldn’t be a high school principal anymore.
He told us–and some friends of ours on the school committee told us the same story so we know it’s true–that our school committee and superintendent had identified about six or seven teachers in the high school who had to go. They were either alcoholics or abusive to the students or just completely incompetent.
The school committee hired this guy (our friend) to take over the principal’s job for a couple of years for the express purpose of getting these teachers out in whatever way he could find.
He accomplished this goal for the grateful administration, and then he resigned and went into another professional field because the teachers hated him with a passion after he accomplished the goal.
Dealing with unions and entrenched staff can be nearly impossible, and it would take a person with dogged determination to handle it. This is especially true of government unions.
If Gaetz is mature and smart, he will realize his limitations and that he should not be the public face of the DoJ for a while, and he’ll hire some personable representative with a sunny smile to be his spokesperson. :) :)
McCarthy has TDS. You should not trust the opinions of deranged people.
I like Trump’s strategy of picking people who have an axe to grind with some part of the Deep State, to be in charge of that part of the Deep State. The AG, SecDef, DNI and DOGE picks all have a passion to fix the bad systems. We need chainsaws, not scalpels. More winning, please!
At least he didn’t go with the silly nonsense about “he vacated the speakership without a plan”. (I wouldn’t be surprised if he already has that one drafted as a follow-up.)
I’m with John Daniel Davidson on this pick.
https://thefederalist.com/2024/11/14/we-need-to-take-a-wrecking-ball-to-the-doj-matt-gaetz-is-just-the-man-for-the-job/
The DOJ is an agent of persecution of Americans, along with the IC. Gaetz is one who knows this personally. And that status quo Republicans like McCarthy hate him? . . . I’m already a fan (having watched Gaetz stick it to government apparatchiks in committee hearings). You don’t have to sell me.
Kristi Noem is the one that worries me, but hopefully Elon and Vivek will eliminate her department — which is also used to persecute Americans rather than its supposed mission to protect us from terrorists.
New York? Republican. Special election, not an appointment by our awful governor.
Trump is aware. This time.
I appreciate Andy McCarthy for the deep dives into the legal aspects of things, like terrorism prosecutions and the absurd Trump “convictions” in New York. He rightly pointed out that those aren’t convictions until a sentence is handed down, so Trump is not a “convicted felon.”
He is still capable of holding back his TDS long enough to be readable. I read him. I will continue to do so. But the grain of salt is always nearby, and some times a five pound bag of salt is required. Ditto Jim Geraghty.
If there is any lawyer who has had more mulligans in the last 10 years than this McCarthy guy, do tell.
He should be wearing a dunce cap .
One does not significantly amend a law in response to a meritless argument.
Life imitating art:
https://youtu.be/AvfGrYg9cI0?t=57
https://en.wikipedia.org/wiki/File:John_Ratcliffe_official_photo.jpg
https://en.wikipedia.org/wiki/File:Matt_Gaetz_117th_Congress_portrait_(crop).jpg
Gaetz is not well liked because of his political stances, he’s not well liked because he’s a sleaze bag. If he thinks the Democrats on the House Ethics Committee won’t supply the final report to their colleagues in the Senate he’s sorely mistaken.
As for McCarthy and this constant refrain of “TDS,” that is becoming as tiresome and as ineffective as the left’s “phobia” comments. You sound like old Stalinists who used to confine their political enemies to psychiatric hospitals in the old USSR. I guess your desires to be “more like the Democrats” in the way they conduct their politics have manifested themselves.
Hm. Gaetz accepts Trump’s nomination and immediately resigns from the house. This nullifies any action the House might take against him, or even just any embarrassing revelations that might be about to leak regarding Gaetz’s behavior. (I’m not saying Gaetz did anything wrong, because I don’t know, but just having the conversation and perhaps some dirty laundry getting aired is isn’t a good thing for anyone unless your name is Donald Trump.)
Trump is happy with this arrangement, because he knows Gaetz is loyal and motivated.
Trump relies on a recess appointment to get Gaetz through and into the AG position for a maximum of two years.
Scenario One: Gaetz does brilliantly, and is a shoo-in as Florida governor when DeSantis’s term expires in 2026.
Scenario Two: Gaetz flops, and his political career is over.
It’s a gamble for both of them. Wouldn’t be the first. Probably won’t be the last.
That’s my two cents.
This is certainly not a traditional type of AG choice, but Trump has a different vision of Gaetz’ “qualifications” than the critics. This is about achieving three things:
The day after his win, my concern was Trump pilfering Congress for nominees. It didn’t work too well in 2016 so I hoped it wouldn’t be repeated. The toughest spot is the House because they have to be replaced in a special election, the governor can’t appoint someone. Some pundits are wondering if the nominations can be staggered a bit to lessen the damage.
Seen on Twitter:
Tulsi: Mr. Trump, I was placed on a watchlist after endorsing you.
Trump: How would you like to outrank everyone who put you on that list?
McCarthy is one of those, like Hugh Hewitt, whose “expertise” in DC areas etc is way out of date. They may be able to quote laws from memory etc, but that’s part of the problem these days: much of the establishment isn’t actually following the law.
Scenario Two, Gaetz is appointed to the Senator slot in Florida.
Scenario Three, Gaetz runs for governor of Florida
Scenario Four, Gaetz just enjoys his F.U. money
Same here too much old school DOJ tie, they’re all straight shooters going back to Pat Fitzgerald, Loretta Lynch and many others.