President-elect Donald J. Trump’s thwarted attempt to install Matt Gaetz as attorney general is the first major failure of Trump’s promised autocracy. It sends a message that just as in his first term, his antidemocratic excesses—as we document at State Democracy Defenders Fund in our American Autocracy Threat Tracker—can and will be checked. And although it is early days, it offers critically important lessons for the fight to protect democracy that lies ahead.
1. Constitutional checks and balances aren’t gone.
Gaetz’s nomination was a critical test of whether Congress would abdicate one of its core constitutional duties to the executive branch, further ceding ground to the increasingly powerful office of the presidency. Trump, following the model of other aspiring autocrats, has been focused on control over what is termed in international relations the “power ministries”—law enforcement, defense, and intelligence. In Gaetz, Trump thought he had found the perfect man for the job: a MAGA firebrand of unquestioned loyalty who would act upon Trump’s desire to use the Department of Justice’s considerable resources to attack political opponents. The nomination was also a test of how ironclad Trump’s control over congressional Republicans is: By picking an individual reported to be loathed by many of his colleagues, and who was the subject of an ethics investigation due to accusations of sex trafficking and accusations of sexual misconduct with a minor, Trump dared his party to accept an odious nominee.
They called his bluff using Article II, Section 2 of the Constitution. It famously vests in the Senate an “Advice and Consent” role in evaluating a president’s choices for principal officers and Supreme Court justices. The Senate’s role serves as the main counterbalance to a president acting with impunity and installing those who might put loyalty to a person over loyalty to the Constitution in positions of immense power. And even though actual hearings and a vote on the nominee were months away, the senators made clear there was no need to wait. The votes were not there and would not be. Score one for the Constitution. While Gaetz’s instant replacement, former Florida Attorney General Pam Bondi, is no Elliott Richardson, she is preferable to her fellow Floridian.
2. The media watchdogs still have teeth.
The press coverage of the nomination was devastating, with every day featuring a drip, drip, drip of new revelations about the alleged sex and money misconduct that ultimately sank the nomination. Nor did Gaetz’s lack of qualifications escape notice. His principal standing for the job was his apparent willingness to serve as Trump’s hatchet man, with the press reporting on his many prior statements to that effect. Media also noted that Gaetz has no experience as a prosecutor. He hasn’t served in the department in any capacity, and his tenure on the House Judiciary Committee alone does not qualify him to run a complex government agency.
Though viral social media stars garner attention as favored news sources, it is still the teams in newsrooms hunting for sources and checking the facts that are able to hold our public officials to account. Reporters excavated details of Gaetz’s activities at parties in Florida, and unearthed the intricacies of witness testimony before the closed-door House Ethics Committee. The close coverage of the Ethics Committee’s report, of additional allegations of a second encounter with the minor, and of the broad disbelief from many Republican legislators, all contributed to public awareness of the deep flaws in the nomination.
The press did their job in covering all this—we will need much more of that if autocracy is to be vanquished. And at a time when the president-elect has threatened to lash out against disfavored outlets, it will be incumbent on us to support and defend the press.
3. Public opinion and ethics still matter.
Public opinion and integrity remain an influential force in shaping most political outcomes. Gaetz’s baggage—including those allegations of sexual improprieties and the risk that he would prioritize personal vendettas over public good—made him politically toxic, even among his allies, who ultimately saw him as a liability.
Adding to his troubles is that Ethics Committee report, which House Democrats continue to push to be released, despite his withdrawal. This highly anticipated report is expected to address a litany of ethical issues. Senators evidently recognized that voting for a figure with this baggage could not only alienate voters but could also jeopardize their own credibility. A high-profile confirmation battle carries a significant burden of public scrutiny and lasting political backlash. While voters may tolerate partisan politics in these nominations, it seemed they might draw the line at someone as transparently ethically flawed as Gaetz—and senators knew it.
4. Trump is not all-powerful.
Trump enthusiastically supported Gaetz, even dispatching the vice president–elect, Sen. J.D. Vance, to lobby his congressional colleagues. Yet despite those efforts and many more, Trump was unable to force Gaetz into office, or even to sustain the nomination for 10 days. Even with Trump riding high from his presidential win, the effort totally flopped.
That suggests that Trump’s power is less than it may seem. This should give heart to senators and representatives—and to us all—who are worried about Trump’s bizarre and alarming nominees. Trump is not an immovable force of nature. When he goes too far, it is possible to push back—and win.
Gaetz’s withdrawal is a reminder that, while imperfect, our democracy has the capacity to hold the line against corruption, incompetence, and self-serving leadership. We should learn the lessons of this early win well and apply them often in what will undoubtedly be turbulent and challenging years ahead for the American project.
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