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Matt Gaetz faces Republican Senate opposition following Trump’s selection for attorney general
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Matt Gaetz faces Republican Senate opposition following Trump’s selection for attorney general

President-elect Trump’s latest selection for his next administration is facing immediate backlash from some within the Republican Senate as they say his pick for attorney general, Rep. Matt Gaetz, R-Fla., will not be confirmed .

“He will never be confirmed,” one Republican senator, who was granted anonymity to speak freely, told Fox News Digital.

A Senate Republican source said simply, “That’s not going to happen,” about the prospect of Gaetz’s confirmation.

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Rep. Matt Gaetz, R-Fla.

Republicans told Fox News Digital that Rep. Matt Gaetz, R-Fla., will not be confirmed. (Aaron Schwartz/NurPhoto via Getty Images)

Gaetz’s office referred Fox News Digital to his response to X: “It will be an honor to serve as President Trump’s Attorney General!” and did not comment on the Republican Party’s criticism of his possible confirmation.

Sen. John Cornyn, R-Texas, told reporters, “I think we should seriously consider any of the president’s nominees, but we also have a constitutional responsibility.”

He was asked whether the House Ethics investigation currently underway into Gaetz would take his confirmation into account, to which the senator replied, “That could come up.”

The allegations being investigated by the commission include sexual misconduct, illegal drug use and accepting inappropriate gifts.

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Donald Trump and Matt Gaetz split

Newly elected President Trump announced his choice for Gaetz on Wednesday. (Getty)

In response to the announcement of Gaetz’s appointment as attorney general, Rep. Michael Guest, R-Miss., chairman of the Ethics Committee, said that “once a member is no longer a member of Congress, Ethics has no jurisdiction. So if Matt Gaetz were appointed attorney general, the ethics investigation (currently underway) would cease.”

However, Senate Republicans were not explicitly in favor. “He is under investigation by the House Committee on Ethics,” acknowledged Sen. Susan Collins, R-Maine. “Obviously the president has the right to nominate whoever he wants, but this is why the background checks conducted by the FBI, the advice and consent process in the Senate, and public hearings are also important.”

“He will go through the nomination process just like everyone else,” said Sen. James Lankford, R-Okla.

Sen. Katie Britt, R-Ala., told reporters, “I don’t have anything on that,” when asked about Trump’s choice.

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Sen. Susan Collins, R-Maine

Sen. Susan Collins, R-Maine, noted the importance of the Senate’s advice and consent on appointments. (Samuel Corum/Getty Images)

“I think what we can tell you now is that we always give the president the benefit of the doubt, but we still have to play our role in due diligence,” said Sen. Mike Rounds, R-S.D. , when asked if he would vote to confirm Gaetz.

In addition to the ethics investigation, Gaetz was at one point investigated by the Department of Justice (DOJ) in a years-long investigation into sex trafficking allegations. But last year, Gaetz’s office said the DOJ ended their investigation and decided he would not be charged with any crime.

While Republicans could well be ready to not confirm Gaetz, who has proven controversial within his own party, Trump could try to appoint him through a recess appointment. The president-elect earlier this week called on Republican leadership candidates in the Senate, telling them to agree to allow him to make such appointments.

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Senator John Thune at a press conference

Sen. John Thune, R-S.D., has not committed to Trump’s request for recess appointments. (Eric Lee/Bloomberg via Getty Images)

Senate Minority Whip John Thune, R-S.D., who won the leadership election Wednesday morning, indicated in an exclusive statement to Fox News Digital that he was open to doing so. However, he has not committed himself to it.

“We must act quickly and decisively to get the President’s Cabinet and other nominees in place as quickly as possible so they can deliver on the mandate we must deliver, and all options are on the table to make that happen, including recess appointments. ” he said.

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If Trump were to succeed in appointing a Cabinet member through a recess appointment, they could serve in the role for nearly two years, according to the Congressional Research Service. The appointment would expire as soon as the next session of Congress, after the recess, adjourns.

“Recess appointments expire at the end of the next Senate session,” according to a recent CRS report. “As a result, a recess appointment can last less than a year or almost two years, depending on when the appointment occurs.”