Trump isn't president yet. His Cabinet picks are already roiling Congress – including some Republicans.
WASHINGTON – There are still more than two months until President-elect Donald Trump takes back the Oval Office, but he's already testing the limits of his power by pushing Senate Republicans on controversial Cabinet nominees.
Republicans are set to retake control of the Senate next year and almost uniformly say they want to sign off on the president-elect's Cabinet picks ? and quickly. But behind closed doors, there is widespread concern among GOP senators about some of the nominees.
Sen. Tommy Tuberville, R-Ala., a close Trump ally, said on the Senate floor Tuesday that it should be a "no brainer" for Senate Republicans to support all of Trump's Cabinet picks. He displayed a sign noting there were no Democrats who voted against President Joe Biden's Cabinet nominees in 2021.
"However, over the last few days, I've heard some of my Senate Republican colleagues express concerns about who President Trump is picking for his team. I would expect this from my colleagues on the left, not on the right," he said. "My advice to them is get on board or get out of the way."
Trump announced he has picked former Rep. Matt Gaetz, R-Fla., for attorney general, his most contentious choice so far. Gaetz was investigated by the Department of Justice on allegations that he had sex trafficked underage girls, though the agency did not bring criminal charges against him.
The House Ethics Committee had an ongoing investigation into similar allegations. That panel planned to vote on whether to release a report on its findings just two days after Gaetz abruptly resigned from Congress. Lawyers for two women who spoke with the committee have said they testified that they witnessed Gaetz under the influence of drugs and sexually assaulting a minor in 2017. Gaetz has denied the allegations.
Trump also tapped Fox News host Pete Hegseth to be defense secretary. A woman alleged Hegseth raped her in 2017. He has denied the allegation, and police never pressed charges against him. Hegseth admitted to paying the woman a settlement amount, saying he feared he would lose his job at Fox over the accusation.
In a previous political era, the claims against Gaetz and Hegseth would likely be the death knell for a Cabinet nomination.
For example, former President Bill Clinton's nominee for attorney general, Zo? Baird, dropped out of consideration when it was revealed she had hired an undocumented immigrant as a nanny for her children.
Former President Barack Obama's nominee for Health and Human Services secretary, former Senate Minority Leader Tom Daschle, withdrew because he had $140,000 in unpaid taxes. During Trump's first administration, his nominee to lead the Department of Veterans Affairs, now-Rep. Ronny Jackson, withdrew over allegations of unprofessional conduct as White House physician.
Still, only nine Cabinet nominees have been rejected by the Senate, and the vast majority of those were chosen in the 19th century. The most recently rejected Cabinet nominee was in 1989.
In 2024, a game of chicken is playing out between Trump and the GOP-led Senate over some of his picks. Trump said Tuesday he is not reconsidering nominating Gaetz, despite the fact that he is unlikely to get enough GOP support to be approved in the upper chamber.
Sen. Richard Blumenthal, D-Conn., who serves on the Judiciary Committee that will be responsible for vetting Gaetz's nomination, told USA TODAY that the former Florida lawmaker's nomination presents "the first major test for Republicans" about "whether they're willing to stand up to" Trump.
"They are talking privately about voting against him, but the question is whether they'll have the backbone to do it," he added. "History is far from reassuring."
If Republican senators choose not to approve nominees like Gaetz and Hegseth they risk Trump testing a tool to force them to step aside to allow him to approve his nominees without their consent.
Trump has insisted that senators agree to what's known as "recess appointments." Most GOP senators say they would support such a maneuver if Democrats block the nominees, but are less forthright if it is Republicans also standing in the way.
Doing so would be a major capitulation of Congressional power. Senators on both sides of the aisle have often cited the Senate's constitutional power to provide "advice and consent" to the president on appointees.
"We're not trying to block anybody. We're going to give (Gaetz) an opportunity to come here and make his case. They've got to earn every vote," said Sen. Markwayne Mullin, R-Okla. Asked whether Trump understands that, given his statement on recess appointments, Mullin said: "President Trump understands the system as good as anybody."
Vice President-elect JD Vance will be organizing meetings between key Republican senators and Gaetz and Hegseth this week, and Gaetz has been personally calling some senators as he seeks support.
Meanwhile, there's a fight brewing between the two chambers over the release of the House Ethics Committee report on Gaetz. Mullin and other Republican senators have said it is important that they get a chance to see the report before voting on Gaetz's nomination.
"I'm saying to the people that want any Cabinet person to get through, not just Gaetz, that this is going to be a lot faster if you give us all the information that we want," said Sen. Chuck Grassley, R-Iowa.
But House Speaker Mike Johnson, R-La., said Friday that he plans to "strongly request" that the committee not release the report, arguing it would set "a terrible precedent." Incoming Senate Majority Leader John Thune, R-S.D., said he would leave it up to the House whether it should be released publicly.
When asked what the president-elect would do if one of his nominees failed to pick up enough Republican support, Brian Hughes, a Trump-Vance Transition spokesman, told USA TODAY in an e-mailed statement “President Trump’s incoming administration is moving at an accelerated schedule in order to make good on getting key nominees confirmed in order to start delivering for the American people."
He added that Gaetz, Hegseth and other Trump nominees will "all begin their meetings this week" with lawmakers and continue after the Thanksgiving holiday.
This article originally appeared on USA TODAY: Gaetz, Hegseth and other Trump Cabinet picks are roiling Congress