Will Matt Gaetz pass the Senate nomination process – or does he not need to?

Donald Trump 's nomination of Matt Gaetz for attorney general has stunned many in the Republican party.

If Trump gets his way, the former Florida representative will become the top law enforcement officer in the United States – a position that the president-elect could utilize to seek revenge on his opponents and enemies.

Gaetz, a Trump loyalist and controversial figure in Congress, was subject to a Justice Department investigation into allegations of sex trafficking. He was ultimately never charged with a crime but remained under a House ethics investigation.

Following his resignation with immediate effect on Wednesday, that House probe has effectively also come to an end as Gaetz is no longer within the chamber's jurisdiction.

In addition to the 15 officials Trump will choose to join his cabinet , there are hundreds of positions, including ambassadors and lower-level roles, that typically require Senate approval.

Even though Republicans have clinched a majority in the Senate , given the strong reaction to Gaetz's potential appointment, it is not guaranteed he will be confirmed as attorney general.

Here's two options for what could happen next...

Typically, cabinet positions require Senate approval which, given the reaction to his nomination, could leave Gaetz on shaky ground.

Following last week's elections , Republicans will now hold a majority in the upper chamber with 53 seats when Trump takes office in 2025. This means that Gaetz can only lose three GOP votes to be confirmed by the Senate, assuming Democrats and the two Independents are unanimous in voting against his appointment.

A number of Republicans have spoken out of their shock at his nomination. Senator Lisa Murkowski of Alaska said she doesn't think Gaetz is "a serious nomination for the attorney general," while Senator Susan Collins of Maine told reporters she was "shocked" by the choice.

Ohio Representative Max Miller went as far as to say that Gaetz "has a zero percent shot of getting through the Senate," Politico reported . Another Republican representative, who remained anonymous, told the outlet that the choice is "an obvious throwaway nomination that has no chance in the Senate."

And North Carolina Senator Thom Tillis said Gaetz has "probably got some work cut out for him."

However, Alabama Senator Tommy Tuberville has threatened to boot party members from the upper chamber if they oppose Gaetz's nomination.

"I've already seen where a couple says, 'I'm not voting for him,'" the staunch Trump supporter told Fox Business on Wednesday.

"This is the last chance we're gonna have of saving this country. And if you wanna get in the way, fine." He then warned: "But we're gonna try to get you out of the Senate, too if you try to do that."

Gaetz faces a grilling during the Senate confirmation process as it typically requires nominees to submit financial disclosures and testify before a committee.

Members from both political parties get a chance to interrogate nominees about their plans for the post and their backgrounds – meaning that the DOJ's sex trafficking investigation and House ethics probe will likely crop up.

The Senate committee votes on the nominee following the hearing and if it passes, it then goes to the full Senate for a vote.

The Senate approval process ensures there is a check and balance on presidential power, as per the US Constitution.

But there is a mechanism in which Trump could bypass tradition to appoint Gaetz as attorney general without a Senate vote.

Trump has already applied pressure on the next Senate Majority leader to allow him to make recess appointments so he can fast-track positions without Senate approval.

"Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner," Trump wrote in a social media post on X on Sunday before John Thune was confirmed as the next majority leader Wednesday , replacing the outgoing Mitch McConnell.

Recess appointments would allow Trump to make administration appointments without a vote in the Senate while the upper chamber is in recess. The process is not unconstitutional, and it has been done before by other administrations.

Bill Clinton made 139 recess appointments while in the White House, and Barack Obama made 32. George W. Bush made 171, ABC noted , according to the Congressional Research Service .

Thune, who has been vocal in his criticism of Trump previously, said that the Senate will do "everything we can" to confirm Trump's desired nominees quickly "so they can implement his agenda."

"We expect a level of cooperation from the Democrats to work with us to get these folks installed," Thune said on Wednesday. "We're [going to] explore all options to make sure they get moved and that they get moved quickly."