Congressional Oversight, Senate Confirmation, and the Recess Appointments Gambit

On a Lawfare Podcast this week, I spoke with Molly Reynolds of the Brookings Institution and Donald Sherman of Citizens for Ethics and Responsibility in Washington about congressional oversight, the confirmation process and the “recess appointments gambit” (as Molly has termed it) floated as a means of circumventing advice and consent for the incoming Trump administration.

Sure to be an instant Thanksgiving classic!

Can Senate Judiciary Compel the Production of the Gaetz Ethics Report?

As you have probably heard, the president-elect (well, the expected president-elect) has expressed the intention to nominate Matt Gaetz as the next attorney general of the United States. Gaetz’s qualifications include some experience with the criminal justice system, though more on the criminal than the justice side, as well as being possibly the most-disliked person on Capitol Hill.

Until two days ago Gaetz was also a member of the U.S. House of Representatives and the subject of a long-running ethics investigation, which was announced by the Ethics Committee on April 9, 2021:

The Committee is aware of public allegations that Matt Gaetz may have engaged in sexual misconduct and/or illicit drug use, shared inappropriate images or videos on the House floor, misused state identification records, converted campaign funds to personal use, and/or accepted a bribe, improper gratuity, or impermissible gift, in violation of House Rules, laws, or other standards of conduct. The Committee, pursuant to Committee Rule 18(a), has begun an investigation and will gather additional information regarding the allegations.

If these allegations do not scream “chief law enforcement officer material” to you, well I guess we know why the voters did not decide to entrust you with the nuclear codes.

Continue reading “Can Senate Judiciary Compel the Production of the Gaetz Ethics Report?”