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Litman: In Matt Gaetz, Donald Trump has chosen the anti-attorney general

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Litman: In Matt Gaetz, Donald Trump has chosen the anti-attorney general

How detrimental will President-elect Donald Trump’s second term be to the rule of law? We got the answer with Wednesday’s announcement of his intent to nominate Florida Rep. Matt Gaetz as attorney general: worse even than the worst-case scenario we had imagined.

This isn’t just hyperbole from a harsh Trump critic. It’s a sober assessment, albeit a distressed one. In both his character and capacity to carry out justice, Gaetz is the opposite of an appropriate candidate to lead the Department of Justice. He is the anti-attorney general.

The announcement shocked even members of Congress whose lockstep loyalty to the president-elect is otherwise unquestioned. The New York Times reported that Senate Republicans’ immediate reaction was “alarm and dismay” and that many avoided expressing support. The most independent senators were incredulous: Lisa Murkowski (R-Alaska) said, “I don’t think he’s a serious candidate.”

As a Justice alumnus, I’m confident that department veterans of both parties see Gaetz’s selection as perfectly awful. How so? Let me count the ways.

First, he has little apparent legal ability. He has no prosecutorial experience, and his only legal experience was a brief stint in private practice. More than 400 of his classmates at William & Mary Law School signed a petition declaring him “unfit to write or determine the law.” He would be the least legally qualified attorney general in more than a century, if not U.S. history.

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Second, he is a flagrant partisan who has demonstrated beyond dispute that he would put Trump’s interests over any fair application of the law. A strident, even hysterical defender of Trump throughout his scandals, Gaetz asserted that the Jan. 6, 2021, insurrection — the basis for the largest prosecution in the history of the Justice Department — was the work of far-left agitators masquerading as Trump supporters. He staunchly opposed both Trump impeachments while co-sponsoring impeachment resolutions against Homeland Security Secretary Alejandro Mayorkas and President Biden.

He would perfectly fulfill Trump’s oft-expressed desire for an attorney general who acts as his personal lawyer, fighting off any challenges to his power or misconduct in the style of Roy Cohn, who served as Joseph McCarthy’s chief counsel and became a mentor to Trump.

Trump’s first attorney general, the conservative former Alabama Sen. Jeff Sessions, outraged him with his fidelity to the rule of law at key junctures. Like John Ashcroft, who was attorney general under George W. Bush, Sessions was a former partisan who took his institutional role and oath of office seriously once he became attorney general. Gaetz’s selection leaves no doubt about Trump’s resolve to avoid any such measure of integrity, much less an attorney general in the distinguished nonpartisan tradition of Edward Levi, Robert Jackson or Merrick Garland.

Third, Gaetz holds the neutral application of law and other proud traditions of the Justice Department in contempt. He has dismissed federal investigations of Trump as “witch hunts,” savaged the work of FBI Director Chris Wray (whom he would supervise) and characterized federal agents as “cockroaches.” And he is preoccupied with partisan matters that have little to do with the overwhelming bulk of the department’s vast nationwide law enforcement portfolio.

Fourth, it stands to reason that Gaetz bears the Justice Department personal rancor given his record. He was a subject of a federal investigation of allegations of sex trafficking of minors and illegal drug use. He even sought a pardon at the end of Trump’s first term. While his longtime associate Joel Greenberg was sentenced to 11 years in prison, Gaetz ultimately dodged an indictment because of doubts about the credibility of witnesses at the center of the allegations.

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The same charges became the subject of an inquiry by the House Ethics Committee, which was reportedly set to release a scathing report on Gaetz Friday. Gaetz refused to cooperate with the investigation and abruptly resigned from Congress after the announcement of his nomination, ending the committee’s jurisdiction over him — though not the possibility that the report could still become public.

While Gaetz escaped formal charges or sanction, his conduct is widely reported and not in serious doubt. And it falls far short of the probity expected of the nation’s highest law enforcement officer.

Fifth, Gaetz’s personal conduct renders him unfit for the position. He is widely considered among the least popular members of Congress. He has left a long trail of repugnant statements about women and minorities. These include calling pro-choice protesters fat and ugly, defending the racist and antisemitic “Great Replacement” conspiracy theory, and associating with Holocaust deniers.

For all these reasons, Gaetz’s confirmation is in doubt even with a Republican-controlled Senate. Hence Trump’s cynical strategy to slip him into position through a recess appointment, which would insulate him from a full background investigation and an excoriating examination by Democrats. Many Senate Republicans might actually prefer it to having Gaetz’s disqualifying features and overall ugliness aired in public.

If Gaetz becomes the 87th attorney general by any means, the consequences will be immediate and severe, starting with a mass exodus of horrified career employees. Far worse will be the long-lasting erosion of the integrity of the department, whose fidelity to the principle of justice without fear or favor is a cornerstone of American democracy. Gaetz himself may be a joke, but his impact would not be.

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Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

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California sues Trump administration over ‘baseless and cruel’ freezing of child-care funds

California is suing the Trump administration over its “baseless and cruel” decision to freeze $10 billion in federal funding for child care and family assistance allocated to California and four other Democratic-led states, Atty. Gen. Rob Bonta announced Thursday.

The lawsuit was filed jointly by the five states targeted by the freeze — California, New York, Minnesota, Illinois and Colorado — over the Trump administration’s allegations of widespread fraud within their welfare systems. California alone is facing a loss of about $5 billion in funding, including $1.4 billion for child-care programs.

The lawsuit alleges that the freeze is based on unfounded claims of fraud and infringes on Congress’ spending power as enshrined in the U.S. Constitution. The White House did not immediately respond to a request for comment.

“This is just the latest example of Trump’s willingness to throw vulnerable children, vulnerable families and seniors under the bus if he thinks it will advance his vendetta against California and Democratic-led states,” Bonta said at a Thursday evening news conference.

The $10-billion funding freeze follows the administration’s decision to freeze $185 million in child-care funds to Minnesota, where federal officials allege that as much as half of the roughly $18 billion paid to 14 state-run programs since 2018 may have been fraudulent. Amid the fallout, Gov. Tim Walz has ordered a third-party audit and announced that he will not seek a third term.

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Bonta said that letters sent by the U.S. Department of Health and Human Services announcing the freeze Tuesday provided no evidence to back up claims of widespread fraud and misuse of taxpayer dollars in California. The freeze applies to the Temporary Assistance for Needy Families program, the Social Services Block Grant program and the Child Care and Development Fund.

“This is funding that California parents count on to get the safe and reliable child care they need so that they can go to work and provide for their families,” he said. “It’s funding that helps families on the brink of homelessness keep roofs over their heads.”

Bonta also raised concerns regarding Health and Human Services’ request that California turn over all documents associated with the state’s implementation of the three programs. This requires the state to share personally identifiable information about program participants, a move Bonta called “deeply concerning and also deeply questionable.”

“The administration doesn’t have the authority to override the established, lawful process our states have already gone through to submit plans and receive approval for these funds,” Bonta said. “It doesn’t have the authority to override the U.S. Constitution and trample Congress’ power of the purse.”

The lawsuit was filed in federal court in Manhattan and marked the 53rd suit California had filed against the Trump administration since the president’s inauguration last January. It asks the court to block the funding freeze and the administration’s sweeping demands for documents and data.

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

transcript

transcript

Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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