In a column for Above The Law, a longtime litigator suggested that, should Rep. Matt Gaetz (R-FL) make it to the point where he sits down before the Senate Judiciary Committee to face questioning before becoming the next Attorney General, Democrats will have a wealth of options to create havoc with his nomination.
Using news that the Republican-dominated House Ethics Committee has a highly damaging report related to underage sex and drug accusations levied against the Florida Republican that might be available, Mark Herrmann suggested Democratic senators –– or even Republicans opposed to Gaetz's nomination -- should make use of it.
As he wrote, both detailed and broad-based questions put to Gaetz while he is under oath could lead to him invoking his Constitutional right from self-incrimination or create the risk of perjury.
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"I don’t know whether [Donald ] Trump is doing this to own the libs or to confirm that he’s a moron. Either way, the Democrats’ strategy in response to this nomination is obvious: Make Matt Gaetz repeatedly pled the Fifth Amendment right not to incriminate himself during the confirmation hearing," he wrote before adding, "This idea is remarkably easy to execute."
Noting that House Ethics Committee has made it clear they were examining evidence and allegations “including sexual misconduct, illicit drug use, accepting improper gifts and obstructing investigations into his conduct,” Herrmann wrote questions to Gaetz that should stick to those topics.
"Don’t go light on this stuff. Explore it in detail. Learn precisely what sexual misconduct is being investigated, and ask about a dozen questions on that topic," he advised before adding, "Once the questioner was done with sexual misconduct, the questioner should ask a similar series of questions about whether Gaetz has used illicit drugs. And accepted improper gifts. And obstructed investigations into his conduct."
As he noted, these lines of questioning can easily fill the five minutes allotted to each senator in a confirmation hearing.
More to the point, he said, Gaetz's answers or non-answers, will likely be the major news event of the day putting GOP lawmakers on the spot if Gaetz gets a vote on the floor on the Senate floor.
"The questions would (properly) cause Gaetz not to be confirmed, and they would embarrass Trump for even having considered this preposterous idea," he predicted before adding, "Liberals shouldn’t simply scream about what an insane nomination this is. They should wait for the confirmation hearing and then slowly and methodically destroy Gaetz as a nominee."
You can read more here.