Here's who Donald Trump could pick for attorney general after Matt Gaetz's flame-out
WASHINGTON – Former Rep. Matt Gaetz’s withdrawal as Donald Trump’s choice for attorney general has created an opening for one of the criminal defense lawyers he designated for top posts at the Justice Department – or to other firebrands the president-elect was previously considering.
Trump could potentially elevate defense lawyer Todd Blanche, whom he had already named as deputy attorney general, the department's #2 job. Other candidates included Sen. Mike Lee, R-Utah, former intelligence official Kash Patel and Texas Attorney General Ken Paxton.
“It basically comes down to whoever can demonstrate the most fealty to Trump, and be a Matt Gaetz without the baggage,” said Jeff Breinholt, a former senior lawyer and counterterrorism official at the Justice Department.
Gaetz withdrew from consideration on Thursday amid continuing disclosures of damaging testimony from federal and House Ethics Committee probes into allegations of sexual misconduct and drug use. Gaetz denied the allegations.
Here is what we know about potential candidates for attorney general:
Todd Blanche
Blanche and Emil Bove, who was named principal associate deputy attorney general, defended Trump in his New York hush money trial and federal investigations over his alleged election interference and mishandling classified documents.
Their delaying strategy held off action in both federal cases until after the election. After Trump’s victory, Justice Department special counsel Jack Smith is winding down both cases under department policy barring prosecution of a sitting president.
Despite Trump's conviction on 34 counts of falsifying business records, Blanche represented him aggressively, calling his former lawyer Michael Cohen a liar. Sentencing in the Manhattan conviction has been postponed while District Attorney Alvin Bragg urged a postponement until after Trump leaves office, while Trump’s lawyers contend the charges should be dropped entirely.
Blanche had previously been a federal prosecutor in New York and clerked for two federal judges.
"Todd is an excellent attorney who will be a crucial leader in the Justice Department, fixing what has been a broken System of Justice for far too long," Trump said in announcing his choice for deputy attorney general.
Sen. Mike Lee, R-Utah
Lee, who has served 14 years in the Senate and sits on the Judiciary Committee, was considered a top candidate for attorney general before Gaetz was chosen and could potentially face an easier path to confirmation from his fellow senators.
Lee was a vocal advocate for Trump during his first term and exchanged emails with Trump’s White House chief of staff, Mark Meadows, conferring over how to challenge the 2020 election results.
In texts obtained by CNN, Lee voiced “unequivocal support for you to exhaust every legal and constitutional remedy at your disposal,” although the senator ultimately voted to certify Joe Biden's election victory.
"He is clearly one of these guys that has great respect in the United States Senate,” said Sen. Mike Rounds, R-S.D.
Kash Patel, former defense and intelligence official
Patel served as a National Security Council official, a senior adviser to the Director of National Intelligence and as chief of staff to the Defense secretary during Trump’s first term. He is also under consideration as FBI director.
Patel has frequently posted on social media and made public appearances to support Trump and his agenda since leaving office in 2021, especially in opposing and destroying what both have called the “deep state" of the national security bureaucracy.
“We’ve got to put in all American patriots top to bottom,” Patel told another Trump surrogate, Steve Bannon in one recent post-election interview. Patel said he and Trump administration leaders “will go out and find the conspirators not just in government but in the media” deemed disloyal to Trump.
Patel has shown a willingness to do whatever Trump wants of him, but he rubbed a lot of people at the department the wrong way, along with judges in counterterrorism cases, Breinholt said.
“Kash was very unpopular with the Judiciary during his time at Justice, so we sent him up to the Hill,” where Patel worked for Rep. Devin Nunes, R-Calif., on the House Intelligence Committee, Breinholt said.
Texas Attorney General Ken Paxton
Paxton has been a vocal supporter of Trump who spoke at the former president’s rally near the White House on Jan. 6, 2021, and attended his election night party at Mar-a-Lago.
Paxton, who was previously a state lawmaker, has served as Texas attorney general since 2015. He filed 27 lawsuits against the Obama administration during a two-year period, with six cases heard at the Supreme Court.
Like Trump, Paxton has been the subject of criminal investigations and an impeachment. He settled a longstanding indictment on charges of securities fraud in March without entering a plea but agreeing to pay $271,000 and performing community service.
More: Ken Paxton stretching boundaries of consumer protection laws to pursue political targets
Paxton was earlier impeached on 20 misconduct charges but the state Senate acquitted him in September 2023.
“Ken was made to suffer for a long period of time but it worked out very well,” Trump said after the acquittal.
This article originally appeared on USA TODAY: Who will Trump choose as attorney general after Matt Gaetz's withdrew?