Texas Attorney General Ken Paxton could be the next man up for Donald Trump in a search for somone to lead the Department of Justice if the U.S. Senate rejects the president-elect's nomination of Matt Gaetz to be the nation's top lawyer.
With some GOP senators predicting doom for Gaetz in the confirmation process, the Texas AG could be Trump's second choice for attorney general as a prominent name on a reported short list of candidates for the high-ranking cabinet post before he tapped the Florida lawmaker for the job this week.
The list of contenders for AG included U.S. Senator Mike Lee of Utah, former Senate aide Mike Davis, U.S. District Judge Aileen Cannon and Trump transistion team lawyer Mark Paoletta. Cannon - a Colombian native who's a federal jurist in Florida - was regarded as a candidate for attorney general after tossing the criminal case that the DOJ was prosecuting against Trump several months ago.
U.S. Senator Eric Schmitt of Missouri had been under consideration for AG as well before pulling his name from the competition shortly before Trump tapped Gaetz.
But Paxton appeared to be the most popular possible pick for AG among conservative activists in the former and future president's MAGA base before he tapped Gaetz for the role on Wednesday. Paxton and Trump have been close since the Texas AG sought to overturn the 2020 election in four battleground states based on false claims of massive voter fraud.
Paxton could encounter resistance from some of the same Senate Republicans who
oppose Gaetz. Four of the Senate's 53 GOP members could derail Trump's appointment of Gaetz as U.S. attorney general and other controversial Cabinet picks like former Democratic representative Tulsi Gabbard as the director national intelligence. Gabbard - who represented a district in Hawaii for eight years in the U.S. House - has been accused of promoting the Russian communists in the war with the democratic nation Ukraine.
Trump's selection of Fox News host Pete Hegseth to head the U.S. military as the secretary of defense has come under fire as well amid relevations that he was investigated in 2017 amid allegations of sexual assault. Some Trump loyalists are concerned that Hegseth's extremist tatoos could contribute to his potential downfall as a surprise pick for the post.
Gaetz ironically had been accused of having sex with a minor in 2017 according to testimony before the House Ethics Committee. While GOP Speaker Mike Johnson wants the panel to keep a report on the probe hidden from public view, a lawyer for a woman who testified before the ethics committee revealed on Friday that his client saw Gaetz in the act with the teenager in question. The DOJ spent two years investigating Gaetz for alleged sexual trafficking of underage girls before it ended the inquiry without taking further action.
Paxton has lightning rod potential as well as a consequence of his impeachment in the Republican-controlled Texas House in 2023 on charges of corruption stemming in part from relationships with a mistress and donor who'd befriended him. Sixty House Republicans voted to impeach the three-time elected state attorney general before his acquittal in a Texas Senate trial later that year.
But Paxton may seem tame compared to Gaetz as a potential replacement if Trump turned to the Texan as his second choice for attorney general in the new cabinet. Paxton probably could expect to face better odds than Gaetz in the Senate confirmation process if he took the call.
Paxton on the other hand could pass on a cabinet invitation if he has his sights on a U.S. Senate seat himself in 2026 when Texas Senator John Cornyn is up for re-election. Cornyn has indicated he plans to run again. But the veteran incumbent could find himself to be the underdog in a GOP primary election with Paxton as a challenger in a state where the AG has been dramatically more popular with Cornyn among MAGA loyalists.
Trump was asked earlier this year if he would consider Paxton to be the AG in a new cabinet. "I would, actually,” Trump responded. "He’s very, very talented. I mean, we have a lot of people that want that one and will be very good at it. But he’s a very talented guy.”
Paxton has 10 years of on-the-job training as an attorney general while Gaetz has no apparent experience for the post beyond a law degree. Gaetz worked at a private law firm before his initial election to Congress in 2016. But Paxton lavished praise on Trump's selection of Gaetz nonetheless in a post on X this week.
"I am excited to work with my friend @mattgaetz," Paxton said. "There are few people I trust more to take on the deep state and end the weaponization of the justice department.
Matt Gaetz has been a stalwart defender of liberty, and Texas has his back."
more to come ...