Donald Trump

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Mandy Taheri

By Mandy Taheri

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While some of President-elect Donald Trump's Cabinet picks have raised eyebrows and calls for the Senate to block their confirmation, the upper chamber of Congress rarely blocks nominations, and has done so only once when controlled by the same party as the White House.

Earlier this month, Trump secured the popular vote and 312 Electoral College votes to win a second term in the White House.

Down the ballot, the Republican Party retained their majority in the House of Representatives, and flipped the Senate, gaining control with 53 seats, according to the Associated Press.

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The next senate session will be led by newly-elected Senate Majority Leader Senator John Thune, a South Dakota Republican, a transition from Kentucky Republican Senator Mitch McConnell's 17 years of leadership.

The Senate is responsible for confirming appointees via simple majority vote, and they rarely block nominations, particularly if from the same party. However, Nominations can be withdrawn by the president, as has happened in more recent history, especially when it appears that they might not garner enough votes in support.

Donald Trump

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Cabinet nominees who have been rejected by the Senate

There have only been 9 Cabinet nominees who have been rejected by the Senate.

  1. Roger Taney, Secretary of the Treasury nominee, President Andrew Jackson, 1834
  2. Caleb Cushing, Secretary of the Treasury nominee, President John Tyler, 1843
  3. David Henshaw, Secretary of the Navy nominee, President John Tyler, 1843
  4. James Porter, Secretary of the Interior nominee, President John Tyler, 1843
  5. James Green, Secretary of War nominee, President John Tyler, 1844
  6. Henry Stanbery, Attorney General nominee, President Andrew Johnson, 1868
  7. Charles Warren, Attorney General nominee, President Calvin Coolidge, 1925
  8. Lewis Strauss, Secretary of Commerce nominee, President Dwight Eisenhower, 1959
  9. John Tower, Secretary of Defense nominee, President George H.W. Bush, 1989

Of these nominees, only one was rejected by the same party controlling both the Senate and the White House — Charles Warren, a Republican nominee for attorney general. Warren was rejected almost a century ago, in 1925.

Recess Appointments

However, recess appointments, which take place when the Senate is out of session, allow appointees to bypass Senate confirmation hearings, temporarily putting them in their positions. Thune has suggested that recess appointments could be a potential strategy to push through Trump's Cabinet appointments.

"I think that all options are on the table, including recess appointments. Hopefully, it doesn't get to that but we'll find out fairly quickly whether the Democrats want to play ball or not," Thune said last week during an interview with Fox News.

Several of Trump's recent cabinet picks have drawn scrutiny from Democrats, as well as a handful of Republicans, including former Representative Matt Gaetz of Florida for attorney general, former Representative Tulsi Gabbard of Hawaii for director of national intelligence, Robert F. Kennedy Jr. as secretary of Health and Human Services (HHS) and former Fox News personality Pete Hegseth.

Gaetz withdrew his name for consideration for the Cabinet post on Thursday. "While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition," he said, announcing the decision on X.

Prior to his resignation from the House last week, Gaetz was the subject of a House Ethics Committee investigation over allegations that he "engaged in sexual misconduct and illicit drug use" and was part of a scheme that led to the sex trafficking of a 17-year-old girl. He has denied any wrongdoing.

Concerns over Gabbard's nomination as director of national intelligence have been raised about her allegiance, potential affiliation with other governments, and sympathetic view towards Russia. Gabbard and her supporters have pushed back against these concerns.

Kennedy Jr. was tapped to head the HHS, which leads America's public health agencies. His remarks on vaccines have raised eyebrows, as he has long repeated the debunked claim that childhood vaccines cause autism. He also advocated against COVID-19 vaccines during the pandemic.

In addition to concerns over lack of administrative experience, Hegseth also faces sexual assault allegations, with a police report obtained by U.S. news and media outlet Mediaite today. The woman alleged Hegseth sexually assaulted her after he prevented her from leaving a hotel room. Hegseth said the encounter was consensual. No charges were filed against him, but he paid his accuser to not talk about the incident.

In a statement to Mediaite after the site obtained the report, Hegseth's attorney said: "This police report confirms what I have said all along that the incident was fully investigated and police found the allegations to be false, which is why no charges were filed."

Update, 11/21/24 at 12:34 p.m. ET: Gaetz decision to withdraw his name from consideration to be attorney general was added.

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