Donald Trump’s plans to circumvent Senate confirmations through a controversial recess strategy have hit a major roadblock, with his first test case—the nomination of Matt Gaetz for acting Attorney General—falling apart under bipartisan resistance. As reported by Legal AF's Michael Popok, this defeat may mark the death knell for Trump’s ambitions to install controversial appointees via unconstitutional maneuvers.
Trump, reportedly with the backing of Senate Majority Leader-designate John Thune, floated the idea of forcing the Senate into a recess for ten or more days, triggering the president’s recess appointment powers. This would allow Trump to bypass Senate confirmation for nearly two years, installing “acting” officials in key Cabinet roles. However, Gaetz’s abrupt withdrawal amid allegations of sex crimes and fierce opposition from GOP senators exposed the fragility of Trump’s plan.
Led by prominent Republicans like Senators Joni Ernst, Susan Collins, Lisa Murkowski, and John Cornyn, a coalition of senators reportedly rejected the Gaetz appointment outright. Ernst, a lieutenant colonel in the Iowa National Guard, emerged as a vocal opponent, reportedly telling Gaetz there was no path forward for his nomination without addressing the serious allegations against him.
“This resistance wasn’t just about Gaetz,” Popok noted. “It was about preserving the Senate’s constitutional role under Article I to advise and consent. Allowing Trump to dictate appointments unilaterally would’ve set a dangerous precedent.”
Popok argues that the collapse of Gaetz’s nomination signals the likely end of Trump’s recess gambit. With prominent senators united against the scheme, Trump appears unable to rally the votes needed to force a Senate recess. Moreover, any attempt to do so would likely result in lawsuits and a Supreme Court showdown over the separation of powers.
“Trump tested the waters, but with this strategy, he hit a wall,” Popok explained. “Republican senators like Ernst and Cornyn have effectively become the last firewall against Trump’s most extreme instincts.”
Gaetz’s failure leaves Trump scrambling for Plan B options. Among Trump’s other controversial picks—Pete Hegseth for Defense, Tulsi Gabbard for Intelligence, and Robert F. Kennedy Jr. for Health and Human Services—each faces significant obstacles.
Hegseth is under scrutiny for allegations of rape and past comments undermining women in the military. Tulsi Gabbard is viewed as a potential Russian asset by the intelligence community. Robert F. Kennedy Jr. faces sexual assault allegations and backlash for his anti-vaccine rhetoric and worse.
While Trump has reportedly considered “safer” alternatives for roles like Treasury Secretary to avoid rattling financial markets, his inclination to test Senate boundaries remains evident.
Popok posits that that Gaetz’s downfall is more than just a failed nomination—it reflects the limits of Trump’s ability to control Senate Republicans and push through his most radical agendas. With his recess strategy effectively shelved, Trump possibly faces a steeper climb to implement his controversial vision for his second term than anticipated.
“This was a dress rehearsal for Trump’s ultimate test of power,” Popok concluded. “And it didn’t go well.”
As Trump weighs his next moves, Senate Republicans like Ernst and Collins may prove to be critical checks on his ambitions, ensuring the confirmation process remains a battleground for accountability rather than a rubber stamp for extremism.
This video is being provided to exclusively to readers of Meidas+ ad-free. We have zero outside investors. Please support our independent reporting by joining as a paid subscriber today.
Share this post