Matt Gaetz might not be the AG you imagine. He’s worked with Democrats for years
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President-elect Donald Trump's selection of the outspoken Floridian Matt Gaetz as Attorney General has caused a significant stir within the Department of Justice and across Washington. The former congressman is preparing for what is expected to be a challenging confirmation process.
Gaetz, 42, who has been serving Florida’s first congressional district since January 2017, stepped down from his secure position in the House soon after Trump revealed his intention to nominate him as the country’s chief law enforcement official.
The ex-member of the House Freedom Caucus’s quick choice to step down from the role he had occupied for seven years seemed to be a tactic to prevent the publication of a highly critical report from the House Ethics Committee. This report addresses claims that he used illegal drugs and had sexual relations with underage girls during his initial years in Congress.
For several years, there have been rumors about Gaetz, primarily stemming from leaks about a lengthy investigation by the Department of Justice. This investigation wrapped up in February 2023 without any charges being brought against him. While the ethics inquiry was temporarily paused during the DOJ's probe, it has since gained momentum and was expected to wrap up with a report that was supposed to come out last week. However, that report was not released as anticipated. Gaetz has consistently claimed that he has done nothing wrong.
Matt Gaetz's various scandals, along with his significant part in creating turmoil in the House of Representatives last October by ousting then-Speaker Kevin McCarthy through an uncommon procedural tactic, have made him unpopular with a lot of his colleagues in the party. Despite this, he continues to enjoy strong support from Trump. In fact, Gaetz has consistently been one of the president-elect's most passionate supporters.
Trump is fully committed to selecting Gaetz as head of the Department of Justice due to Gaetz's unwavering loyalty and his expressed intention to take revenge on the country's law enforcement after what he labels as years of political persecution. This term is often viewed by legal experts as referring to legitimate federal investigations that have led to historic criminal charges against him. Many Democrats, along with some Republicans in both the House and Senate, have pointed out that the ongoing controversies surrounding the former congressman, who is now the Attorney General nominee, could jeopardize his prospects. Additionally, some analysts have criticized Gaetz—who hasn’t argued a single case in court despite having a law degree from the College of William and Mary in Virginia—suggesting that he would misuse the Justice Department to serve Trump’s interests.
However, examining Gaetz’s performance in Congress more closely reveals a more complex perspective.
Although he consistently and passionately supported Trump and voted along party lines in the House, this member of the House Freedom Caucus has frequently collaborated with Democrats on matters that he would oversee if he were to succeed Merrick Garland.
One way Gaetz could leverage his new role to make a significant impact on federal law enforcement is through drug policy reform. The Attorney General oversees the Drug Enforcement Administration and has considerable power in determining which substances are classified as "Schedule I." This classification indicates that these drugs have no recognized medical uses and a high risk of addiction.
Historically, Republicans have taken a strong stance against drugs, focusing heavily on law enforcement. However, if he is approved, Gaetz could leverage his position to advance the efforts started during the Biden administration aimed at decriminalizing and reclassifying marijuana.
In May, Garland revealed a plan to change the classification of marijuana to Schedule III under the Controlled Substances Act after a scientific evaluation by the Department of Health and Human Services. This change would mark the conclusion of nearly fifty years of federal law enforcement efforts against the substance.
In a phone conversation with The Independent, Morgan Fox, who serves as the political director for the National Organization for the Reform of Marijuana Laws, stated that Gaetz has been one of the leading advocates for cannabis reform among Republican members of Congress.
Fox expressed that he believes hiring him for that role would not only keep the current scheduling, petition, and review processes progressing steadily but could potentially speed them up even more, as these processes have traditionally taken years to complete.
Fox mentioned that Gaetz has the option to bring back a Department of Justice policy that was originally put in place in 2013 but was overturned in 2017 by former Attorney General Jeff Sessions. This policy stated that the department would not pursue legal action for marijuana law violations in states where the drug had been legalized, except in certain specific situations.
Gaetz may encourage the department to refrain from taking legal action against violations related to psychedelics— substances like MDMA (commonly known as ecstasy) and other hallucinogens that show promise in treating conditions such as depression and Post-Traumatic Stress Disorder. Various veterans organizations and disability advocates have been advocating for greater access to these substances, which are presently only legally obtainable in other countries.
Jesse Gould, a veteran of the Army Rangers and the founder of the Healing Hearts Project, which aims to connect veterans with essential treatments, shared with The Independent that Gaetz is among several Republican lawmakers collaborating with others to advocate for broader access to medications they believe are crucial for veterans in distress and may help address the rising rate of veteran suicides. Gould mentioned that the former Florida congressman could leverage his position as Attorney General to encourage the DEA to reclassify MDMA, similar to their efforts regarding marijuana.
"I’m thankful for him and those who have taken the initiative to bring this topic into the open and engage in public discussions about it," he stated.
Gaetz has formed unexpected partnerships with others in Congress by pushing for more robust antitrust regulations from the executive branch.
He’s often referred to as a "Khan-supportive conservative" due to his unwavering backing of Lina Khan, the head of the Federal Trade Commission under President Biden. This support comes despite the fact that Khan’s tough stance on overseeing corporate mergers and tackling monopolies has made her unpopular with many in the business sector. Additionally, he was part of a group of Republicans who attempted unsuccessfully to limit the influence of Big Tech during the early days of Biden's presidency.
Simultaneously, Gaetz has repeatedly voiced his opposition to the expansive war powers held by presidents, regardless of their political affiliation. He has consistently sponsored legislation aimed at repealing the authorizations for military force that have supported a significant portion of the Global War on Terror. In early 2020, he was among just three House Republicans who supported a resolution intended to restrict Trump's authority to take military action against Iran.
He joined forces with Democrats in an ongoing attempt to impose stricter regulations on stock trading for congressional members, although this effort has not succeeded so far. Notably, Gaetz was the first Republican in the House to declare that he would refuse campaign donations from political action committees. He made this declaration in a speech at the 2020 Conservative Political Action Conference, where he stated that "honest capitalism" is "being threatened by lobbyists and political action committees in the corrupt landscape of Washington, DC."
Representative Ro Khanna, a Democrat from California who worked with Gaetz on the House Judiciary Committee and frequently shared similar opinions on matters related to antitrust and war powers, expressed to The Independent that the Senate ought to interrogate Gaetz regarding “all his opinions” while also looking into the accusations made against him. He added that Gaetz should not resist the publication of the Ethics Committee report concerning his behavior.
"I believe he needs to clarify his stance on war powers and whether he would oppose military action in Iran. He should also discuss if he would support the appointment of someone like Lina Khan. Additionally, it’s important for him to share his opinions on reforming agreements and the influence of lobbyist funding. He ought to address his views on political retaliation and the dismissal of career officials. Lastly, I think he should be willing to release the ethics report," he mentioned. "If he truly advocates for transparency, why not reveal it and then defend his position?"
Alexandria Ocasio-Cortez, a New York representative and fellow Democrat who collaborated with Gaetz on attempts to prohibit stock trading by congressional members, emphasized the need for the next attorney general to be free of any conflicts of interest. She urged for the release of any relevant information that could either exonerate Gaetz or support the accusations made against him.
Ocasio-Cortez, speaking to The Independent outside the Capitol on Tuesday with her French bulldog, Deco, noted that there are definitely some areas of common ground between her and her former colleague. However, she emphasized that fundamental background checks should be prioritized over scrutinizing Gaetz’s political views.
Representative Pramila Jayapal from Washington State, a fellow member of the House Progressive Caucus, pointed out that the main difficulty in handling any cabinet nomination lies in understanding how a person will act once they are in a position of authority.
When questioned about Gaetz’s tendency to support Democrats on significant matters, she mentioned that she’s unsure of his position regarding the “independence of the Department of Justice.” However, she emphasized that both she and Gaetz have definitely collaborated on a limited range of crucial topics, such as war powers, antitrust laws, and reforms concerning the Foreign Intelligence Surveillance Act.
"I hope that if he finds himself in this situation, he might stick to his beliefs about those," she said.
