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Matt Gaetz faces opposition from Senate Republicans after Trump’s election as attorney general

President-elect Trump’s recent choice for his next administration is drawing immediate backlash from some within Senate Republicans, who say his pick for attorney general, Rep. Matt Gaetz, R-Florida, will not be confirmed.

“He will never be confirmed,” a Republican senator who was granted anonymity to speak freely told Fox News Digital.

A Senate Republican source simply said, “That’s not going to happen” about the prospect of Gaetz’s confirmation.

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Republicans told Fox News Digital that Rep. Matt Gaetz, R-Florida, will not be confirmed. (Aaron Schwartz/NurPhoto via Getty Images)

Gaetz’s office referred Fox News Digital to his response to

Sen. John Cornyn, R-Texas, told reporters: “I think we need to seriously consider any of the president’s nominees, but we also have a constitutional responsibility.”

He was asked whether the House ethics investigation currently underway into Gaetz would factor into his confirmation, to which the senator replied, “That could come up.”

Allegations investigated by the committee include sexual misconduct, illegal drug use and accepting improper gifts.

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Donald Trump and Matt Gaetz have separated

President-elect Trump announced his pick for Gaetz on Wednesday. (Getty)

In response to the announcement of Gaetz’s election as attorney general, Rep. Michael Guest, R-Miss., chairman of the Ethics Committee, said: “Once a member is no longer a member of Congress, ethics no longer has jurisdiction.” So if Matt Gaetz should be appointed attorney general for the ethics investigation [which] the current ongoing measure would be discontinued at that time.”

However, Republicans in the Senate did not express explicit support. “He is being investigated by the House Ethics Committee,” admitted Sen. Susan Collins, R-Maine. “Of course the president has the right to nominate whomever he wants, but that is why the FBI background checks and the Senate advice and consent process and public hearings are important.”

“He will go through the nomination process like everyone else,” said Sen. James Lankford, R-Okla.

Sen. Katie Britt, R-Ala., told reporters, “I can’t tell you anything about that” when asked about Trump’s election.

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Sen. Susan Collins, R-Maine

Sen. Susan Collins, R-Maine, noted the importance of Senate deliberation and consent on nominations. (Samuel Corum/Getty Images)

“I think what we can tell you now is that we always give the president the benefit of the doubt, but we still have to fulfill our role in terms of due diligence,” said Sen. Mike Rounds, R-S.D. , when asked if he would vote to confirm Gaetz.

In addition to the ethics investigation, Gaetz was temporarily investigated by the Department of Justice (DOJ) as part of a year-long investigation into sex trafficking allegations. But last year, Gaetz’s office said the Justice Department had closed the investigation and determined that he would not be charged with any crimes.

While Republicans may well be willing to not confirm Gaetz, who has proven controversial within his own party, Trump could try to appoint him through a recess appointment. The president-elect made an appeal to Senate Republican leaders earlier this week, urging them to allow him to make such appointments.

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Senator John Thune at a press conference

Sen. John Thune, R-S.D., did not give in to Trump’s request for recess appointments. (Eric Lee/Bloomberg via Getty Images)

Senate Minority Leader John Thune, R-S.D., who won election as leader Wednesday morning, signaled he was open to it in an exclusive statement to Fox News Digital. However, he did not commit to it.

“We must act quickly and decisively to assemble the President’s Cabinet and other nominees as quickly as possible so that they can begin carrying out the mandate we have been charged with carrying out, and all options are on the table to do so “To achieve this, including appointment during breaks,” he said.

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If Trump succeeds in appointing a Cabinet member through a recess appointment, he could serve in that post for nearly two years, according to the Congressional Research Service. The appointment would expire once the next session of Congress adjourns after recess.

“Pause dates expire at the end of the next session of the Senate,” a recent CRS report states. “Therefore, a break appointment can last less than a year or almost two years, depending on when the appointment is made.”

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