[Eugene Volokh] Paul Mirengoff on Trump's Nominees (Including Matt Gaetz)

I've been reading and much enjoying Paul Mirengoff & Bill Otis's Ringside at the Reckoning. I don't always agree with them, and I think that politically they tend to be more conservative than I am. But I've generally found them to be blunt, level-headed, and thoughtful, and they generally strike me as astute observers of American politics. (Paul Mirengoff was a cofounder of the conservative Power Line blog, which has been following American politics for 20 years.)

I thought I'd pass along Mirengoff's most recent post, Trump's picks: The good, the questionable, and the crazy. As you can tell from the title, he praises some (Marco Rubio for Secretary of State, John Ratcliffe for CIA Director), expresses doubt about others (including criticizing Kristi Noem for Homeland Security as not being conservative enough), and sharply criticizes others, including Matt Gaetz for Attorney General. Since the AG position is of especial interest to me as a lawyer and someone who writes mostly about law, I thought I'd pass along Mirengoff's thoughts:

I agree with the Wall Street Journal's editorial board:

This is a bad choice that would undermine confidence in the law. Mr. Trump lauded Mr. Gaetz's law degree from William and Mary, but it might as well be a doctorate in outrage theater. He's a performer and provocateur, and his view is that the more explosions he can cause, the more attention he can get. "It's impossible to get canceled if you're on every channel," he once said. "If you aren't making news, you aren't governing."

Mr. Gaetz has no interest in governing. When Republicans took control of the House in 2022, it was with a small margin. Rather than work to get things done, Mr. Gaetz sabotaged Speaker Kevin McCarthy before finally leading a rebellion to oust him. Eight Republican malcontents plunged the GOP into weeks of embarrassing paralysis, since Mr. Gaetz had no alternative that could command a majority….

Trump selected Gaetz for one reason: his belief that Gaetz, out of blind loyalty, will use the Justice Department to take on the president's enemies. No AG, whether appointed by a Democrat or a Republican, should ever assume that role.

Trump says that Gaetz will "root out systemic corruption at the DOJ." There is no systemic corruption at the Department, but there is systemic bias that needs to be dealt with.

However, there are many qualified conservatives who could have taken on the bias, and done it with far more credibility than Gaetz, who is under investigation for sexual misconduct and illicit drug use, accepting improper gifts, dispensing special privileges and favors to individuals with whom he had a personal relationship, and seeking to obstruct government investigations.

Gaetz's nomination isn't just crazy; it's disgraceful. The Senate almost certainly will not confirm him.

Trump might then try to install Gaetz via a recess appointment. This anti-constitutional scheme threatens great mischief, including but not limited to its future use by Democratic presidents.

I have no informed opinion on the Gaetz nomination myself; my first reaction was quite negative, and people I trust have sharply criticized it as well, but I don't want to claim any expertise on the subject. Still, Mirengoff's analysis struck me as quite sensible, and I thought I'd quote it. I'd be glad to hear of thoughtful analyses on the other side (or others on the same side that aren't duplicative of this one).

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