The president-electAs he attempts to have Matt Gaetz approved as attorney general, Donald Trump is allegedly holding the Federal Vacancies Reform Act of 1998, a legislation that permits a legal strategy utilized numerous times during his first presidency, over the heads of U.S. Senate members.
During the past week, Trump has been calling Senate members and GOP friends personally to solicit their support for his Gaetz campaign, according to senators and people close to him who spoke to CNN, Axios, and the New York Times on Monday. According to CNN, Trump discussed with Republican leaders the possibility of utilizing the FVRA to get around the Senate’s confirmation process for his cabinet nominees, particularly Gaetz.
Sen. Kevin Cramer, R-N.D., told Axios after talking with Trump on the phone that he obviously wants Matt Gaetz. He feels that Matt Gaetz is the only individual who truly has the courage and zeal to carry out the necessary tasks at the Department of Justice.
CNN was informed by one source, He isn’t going to retreat. He is fully committed.
The Times claims that after threatening to implement his plans earlier this month, Trump has urged new Senate majority leader John Thune to support them and has instructed him to permit recess appointments.
According to an online description from the U.S. Government Accountability Office, the FVRA is intended to be used to temporarily fill open posts in Executive Branch agencies that need Senate confirmation and presidential appointment. According to the description, this legislation specifies who is eligible to serve temporarily, for how long, and what happens if no one is filling the position.
Trump used the act to appoint several cabinet members during recess in 2020 and early 2021, including retired Army brigadier general Anthony Tatato to the position of Secretary of Defense for Policy after the Senate Armed Services Committee ordered that his confirmation hearing be canceled, as Law & Crime previously reported.
The FVRA loophole operates as follows: After first serving as assistants or seconds-in-command for the job for which they are nominated, nominees are chosen through recess appointments; the FVRA is then utilized to prolong their tenure and retain them in office.
Regarding the FVRA power play, legal professionals have differing views; some think it is feasible, while others laugh at it.
In an interview with Newsweek, veteran federal prosecutor Barbara McQuade stated that Trump could not name Gaetz AG at this time using the FVRA. Only first assistants, those currently serving as presidential appointees, and senior career employees who have completed their 365-day service are eligible to be appointed under the FVRA. Gaetz is not in any of those groups.
However, McQuade said Trump might succeed if Thune approves the use of recess appointments, which would imply Congress adjourns for recess without Senate confirmation.
According to her, Trump could then name Gaetz without the Senate’s approval. Trump may use the FVRA to re-appoint Gaetz for an additional 210 days, but his term would be restricted to the two-year congressional session.
Members of the House Ethics Committee are reportedly looking into a highly damaging report that surfaced about the former Florida state representative, allegedly outlining allegations of sexual misconduct from 2021 and other wrongdoings. This report is one of the biggest obstacles Trump and Gaetz may encounter in getting him appointed as AG.
In a statement released in April 2021, Florida Democrat Rep. Ted Deutch said, “The Committee is aware of public allegations that in violation of House Rules, laws, or other standards of conduct, Representative Matt Gaetz may have engaged in sexual misconduct and/or illicit drug use, shared inappropriate images or videos on the House floor, misused state identification records, converted campaign funds to personal use, and/or accepted a bribe, improper gratuity, or impermissible gift.” Gaetz refuted the accusations.
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