Matt Gaetz’s decision Thursday to withdraw as Donald Trump’s pick for Attorney General resets the clock in a high-stakes race over who will control the Justice Department during the second Trump administration. And, much like the post of Treasury Secretary, the jockeying has begun.
Gaetz took himself out of the process, saying his nomination “was unfairly becoming a distraction.” He faced a potentially rough confirmation process in the Senate over allegations of sexual misconduct, which he has denied. Gaetz had previously resigned from the House, so, at present, he will hold no post in the federal government. (Trump could, however, appoint him to a role that does not require Senate confirmation.)
With Gaetz gone, the focus shifts to who Trump might appoint next to the AG role—although Democrats who disapproved of the Gaetz pick still aren’t likely to be thrilled. The Trump transition team did not reply to a request for comment, but here are a few of the possible contenders.
Senator Mike Lee: Considered by some at one point as the leading candidate, the Utah Senator aided efforts to overturn the 2020 election. He has also spread conspiracy theories about the January 6 attack on the Capitol. That’s a big turnaround from 2016, when he didn’t even vote for Trump. Lee is currently poised to lead the Senate Energy committee next year.
Jeffrey Clark: Known best as the former assistant attorney general who pressured officials in the Justice Department to overturn Trump’s loss in 2020, Clark is currently under indictment in Georgia for his role in that election. Three months ago, a disciplinary committee in Washington, D.C., said Clark should be disbarred for two years for efforts to interfere with election results.
Mark Paoletta: Appointing Paoletta to the attorney general role would draw a dotted line from the Justice Department to the Supreme Court. Paoletta represented Ginni Thomas, wife of Justices Clarence Thomas, in the House investigation of the January 6 attack on the Capitol. He also helped prepare the nominations of Justices Gorsuch and Kavanaugh. He has a history with Trump as well, having served as general counsel for the Office of Management and Budget and has argued that Trump, as president, will have the right to dictate who gets investigated and charged.
Andrew Bailey: Bailey currently serves as Attorney General of Missouri, a role he has held since 2022. In that short time, he has overseen dozens of lawsuits against the Biden administration. He recently won reelection in Missouri, but has been criticized for having too national a focus, such as his suit against the state of New York to halt Trump’s sentencing until after the election. (The Supreme Court rejected that request.)
Judge Aileen Cannon: Appointed by Trump in 2020, Cannon came to the national spotlight when she dismissed all charges against him in the classified documents case in Florida. Trump has publicly thanked her for that ruling and spoken highly of her. She is currently overseeing the trial of Ryan Routh, who was accused of planning an assassination attempt against Donald Trump at a Florida golf course in September.
Mike Davis: A former clerk for Supreme Court Justice Neil Gorsuch, Davis has joked about assuming the AG role on social media, writing he was “too charming to get confirmed.” He played a key role in getting many judicial nominees approved during Trump’s first presidency and has served as something of a bulldog for Trump, advising former Rep. Liz Cheney and special counsel Jack Smith to “lawyer up” over their roles in the January 6 investigation and vowing a “reign of terror” upon Trump’s reelection.
Stephen Miller: Miller served as a policy advisor in Trump’s first administration and has been one of the strongest advocates for mass deportations during the campaign. Trump has already named him as deputy chief of staff for policy, but with the AG role open once again, he could change his mind. Miller was a chief architect, along with new border czar Tom Homan, on the family separation policy at the border in the first administration—and as White House spokesman, regularly made unsubstantiated claims of election fraud. After departing the White House, he served as president of America First Legal, an organization of former Trump advisers.