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Breaking: Beyond Headlines!

There is a plan in case Senate Republicans are not as flexible as Trump wants.
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There is a plan in case Senate Republicans are not as flexible as Trump wants.

As of Wednesday afternoon, President-elect Donald Trump’s most controversial Cabinet nominee is Matt Gaetz, the former Florida congressman. This title may well be usurped at the time of publication.

Gaetz’s nomination for attorney general unquestionably reflects Trump’s updated approach to presidential power: prioritizing disruption and punishment of opponents over traditional qualities, such as experience and independence. As such, it’s not entirely clear whether Gaetz (or previous holders of the more controversial title) will actually gain the approval of a majority of the Senate and, therefore, the right to serve in this role .

If this happens, there is a backup plan.

Let us first note that such an eventuality is perhaps not necessary. Gaetz would need 50 votes in the Senate to be confirmed, allowing Vice President-elect JD Vance (once sworn in) to break the tie. The new Senate will have 53 Republicans, meaning three Republicans could drop out without affecting the outcome. (Cabinet nominees cannot be subject to filibusters under rules adopted by the Senate.)

Former House Speaker Kevin McCarthy believes more than three Republicans will go south, telling Bloomberg on Thursday that Gaetz would not be confirmed. But then McCarthy has a long-running feud with Gaetz, which culminated in Gaetz’s successful effort to oust the California Republican from his leadership role. As a measure of his ability to predict election results, McCarthy said at the time that he would survive the removal effort.

CBS News’ Robert Costa reported Thursday morning that a number of prominent Republicans, senators who dislike Gaetz’s nomination, would likely accept his confirmation simply to avoid a public fight. Or maybe Sen. Richard Blumenthal (D-Connecticut) is right in estimating that at least five Republicans will ultimately balk. This seems to be one of the central questions of the Trump nomination process: to what extent Republican elected officials will adhere to his will. Those who reject Gaetz (or anyone) can expect a hostile reception at the White House and potentially from primary voters.

This question of loyalty, however, may have nothing to do with the attorney general’s actual resolve.

Presidents have another tool for filling government vacancies: vacation appointments. The Constitution states that ”