Iconoclastic, unpredictable… Would Donald Trump also be lucid? From mid-November, the Republican leader admitted in a tight committee that his choice for Secretary of State for Justice risks getting stuck in the Senate – in the United States, members appointed to the government must be validated by this body before being appointed. take office. Despite a series of intense negotiations guided by the vice-president-elect, JD Vance, his troops in the upper house refuse to align themselves with the nomination of the sulphurous Matt Gaetz. The 42-year-old former Florida prosecutor is accused of – among other things – illegal drug use and sexual relations with an underage prostitute.
Donald Trump preferred not to take the risk of becoming the first tenant of the White House in a century to be denied a nomination. In the history of the United States, only 12 nominations have been rejected, the last dating back to 1925, with the censure of Charles B. Warren, appointed to the position…Attorney General (Minister of Justice). Thus, on November 21 at the time of breakfast – a week after his appointment – Matt Gaetz receives a call. On the other end of the line, Donald Trump. A few hours later, the former lawyer gave up the Justice portfolio. In a publication on his social networks, the real estate mogul soberly evades. “He was doing very well, but he didn’t want to disrupt an administration for which he has a lot of respect.”
Donald Trump “loyalty tests”
Dare-dare, a replacement is found for him. This one responds to the name of Pam Bondi, the former attorney general of Florida. A faithful among the faithful, known for her unwavering loyalty to the MAGA cantor (“Make America Great Again”). But above all, a more “mainstream” profile, which has little taste for scandals and excess. “She may be very conservative, but she is much less repulsive than Matt Gaetz who is hated by absolutely everyone, including the Republicans in Congress to such an extent that it was impossible for him not to collect even two-thirds of conservative senators, and Donald Trump was perfectly aware of this,” points out Lauric Henneton, lecturer at the University of Versailles Saint-Quentin.
Would Donald Trump have used this brown, square-jawed forty-year-old as a thermometer measuring the loyalty of his camp? “He likes to comfort himself in the idea that he embodies the indisputable leader for his entire camp and that he would thus have the freedom to appoint anyone anywhere,” continues the author of the work The American dream put to the test by Donald Trump (Vendémiaire edition, 2020). It is clear, however, that neither his great triumph, nor the seduction operations carried out by his camp behind the scenes of Congress, will have succeeded in saving the skin of his Minister of Justice.
The Matt Gaetz label is too sensitive. Especially since among the names of the future Trump administration, others are likely not to pass the crash test of the Senate. Might as well spare the negotiating levers. Among those whose fate is in question, former Democrats Tulsi Gabbard (head of intelligence) and Robert F. Kennedy (Health), as well as their colleague at Defense, Pete Hegseth recently arrested for acts of sexual assault, “this which can constitute, as with Gaetz, a red line for senators, even the most conservative”, underlines Lauric Henneton.
The “three or four” stones in the shoe
In the Senate, members of the Grand Old Party do not form a homogeneous entity, but rather an aggregate of elected officials whose loyalty to the leader varies according to their seniority, the geography of the State in which they are elected, but also the typology of their electorate. “Those who have had a seat for a long time and who are not seeking re-election – and therefore do not need to benefit from the Trump brand – are the most likely not to endorse the most controversial candidates,” analyzes Lauric Henneton who underlines: “With a majority of three senators, the Trump camp can only afford three defections.” Beyond that, its secretaries of state will be censored.
Problem, “three or even four” Republican senators are tempted to play spoilsport. A question mark floats above Mitt Romney’s successor, John Cutis: a Mormon elected in Utah who could be a “wildcard” (expression to designate an unpredictable variable, Editor’s note), smiles Lauric Henneton who illustrates: ” Beyond this figure, it is difficult to see Susan Collins (Republican senator from Maine, Editor’s note) having served in the army and being very keen on the defense of women in the army validating Pete Hegseth who affirmed that women had no place on a front line. John Curtis, Susie Collins, but also Mitch McConnell whose aversion to Donald Trump is an open secret… Free electrons who are so many pebbles in Donald Trump’s shoe.
Having the right on your side and the temptation to abuse it
Phone calls, home visits, job promises… Seduction operations are legion, but are not always enough, sometimes making it necessary to use more radical methods. From November 10 with a publication on X, Donald Trump warned his troops. “Any Republican senator who seeks the coveted leadership position in the United States Senate must accept the nominees (in the Senate!), without whom we will not be able to obtain confirmation of nominees in a timely manner.” And added: “The positions must be filled IMMEDIATELY!” Despite this slight bit of pressure, the 47th President of the United States knows that he has a few cards in hand to bypass Congress.
The first, that of theacting secretary. “If one of the departments is vacant, the president can appoint an acting secretary,” explains Brian Kalt, constitutional lawyer and professor at the Michigan State University School of Law. A possibility, however, subject to a few conditions. “Donald Trump will be forced to limit himself to people who have already been confirmed by the Senate in the past or who already occupy a high position within the agency,” specifies the specialist in the American Constitution. Additionally, the term of an acting secretary of state is limited to 210 days.
The second, that of a temporary standby of Congress. A constitutional procedure that no president has until now dared to trigger but which would offer the occupant of the Oval Office the latitude to make his appointments effective without the approval of the Senate. We then talk about salary receipts. “This is an extremely controversial option, which, used in this context and for this purpose, would contravene respect for democratic principles,” notes Brian Kalt, who specifies that the legislative power could not be dismissed more than ten days. In December 2023, Donald Trump wanted to wring the neck of his detractors by assuring that he would not be a dictator. “Apart from day 1” of his mandate. Will he keep this campaign promise?
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