As President-elect Donald Trump prepares to assume office, the clock has started for his choice to name the next attorney general.
The role of the next attorney general under the 47th president will significantly influence the administration’s legal direction and his relationship with the Department of Justice, an agency under President Joe Biden that has rigorously pursued criminal indictments against Trump, and one that Trump said had been “weaponized” against him during his reelection campaign.
Several possible candidates for attorney general have already emerged, each bringing unique qualifications and varying degrees of loyalty to Trump.
Here are just some of the names that have been floated, which could change as Trump prepares to return to the White House.
John Ratcliffe: The loyal intelligence chief
John Ratcliffe, former director of national intelligence and ex-congressman, is a prominent name being floated for attorney general under Trump.
During his tenure as DNI under Trump, Ratcliffe often aligned with the president’s perspectives, occasionally contradicting career intelligence officials, which drew criticism from Democrats who said he was politicizing the role.
His background as a federal prosecutor and unwavering loyalty to Trump make him a strong contender for attorney general. However, his past controversies may pose challenges during Senate confirmation.
Sen. Mike Lee: The constitutional conservative
Sen. Mike Lee (R-UT), initially hesitant about Trump, ultimately became a steadfast ally during the first Trump presidency, notably during efforts to contest the 2020 election results.
A former clerk to Supreme Court Justice Samuel Alito with deep constitutional expertise, Lee has criticized the criminal cases against Trump, labeling them as politically motivated. His legal acumen and alignment with Trump’s views position him as a strategic choice for attorney general.
The choice of Lee could be difficult, however, as Republicans would likely prefer to keep ahold of their new majority in the Senate. Republicans picked up several Senate seats on Tuesday, flipping control of the upper chamber.
Ken Paxton: The Lone Star State firebrand
Texas Attorney General Ken Paxton has been a vocal supporter of Trump, participating in legal challenges against the 2020 election outcome.
He recently filed an amicus brief supporting arguments that special counsel Jack Smith’s appointment was unlawful.
Throughout President Joe Biden’s term, Paxton has fought the Biden administration’s open border policy, lining him up with Trump’s stance on the border.
Paxton has led multiple lawsuits against the Biden administration over border and immigration issues, focusing on policies he argues undermine state sovereignty and incentivize illegal immigration.
Key actions include a suit opposing the deportation moratorium at the start of Biden’s presidency in 2021, challenging the “parole in place” policies that allowed undocumented immigrants to stay in the country, and more recently filing cases related to verifying voter citizenship and opposing federal election monitors.
Matt Whitaker: The DOJ insider
Matt Whitaker, who served as acting attorney general during Trump’s first term, is familiar with the DOJ’s operations and Trump’s expectations.
His previous roles include U.S. Attorney for the Southern District of Iowa and chief of staff to Attorney General Jeff Sessions, Trump’s first attorney general pick.
Whitaker’s experience and loyalty to Trump could make him a stabilizing choice, though he received criticism during his prior tenure over his perceived political alignment with Trump in a role that critics say should remain apolitical.
Sen. Eric Schmitt: The Missouri conservative
Sen. Eric Schmitt (R-MO) is emerging as another possible contender for Trump’s attorney general. Known for his staunchly conservative views and strong support for Trump, Schmitt played a key role in Trump’s campaign, even assisting with debate preparation over the summer.
Schmitt’s loyalty to Trump was evident throughout the campaign season, where he was a frequent presence on the trail, solidifying his alignment with the president-elect’s policies and rhetoric.
Prior to his election to the Senate, Schmitt served as Missouri’s attorney general, where he led efforts on high-profile conservative causes, including challenges to federal COVID-19 mandates and lawsuits against Biden administration policies.
A spokesperson for Schmitt’s office declined to comment to the Washington Examiner.
Mark Paoletta: The legal strategist
Mark Paoletta, a former White House lawyer and close associate of Supreme Court Justice Clarence Thomas, is under consideration for attorney general.
He represented Justice Thomas’s wife, Ginni Thomas, during the House select committee’s investigation into the Jan. 6 riot at the Capitol. Paoletta’s deep connections within conservative legal circles and his defense of Trump allies make him a notable candidate.
A source familiar with the attorney general selection process said Paoletta has been pitched directly to Trump, according to CNN.
Mark Paoletta did not respond to a request for comment from the Washington Examiner.
Mike Davis: The controversial ‘viceroy’
Mike Davis, former chief counsel for nominations to then-Senate Judiciary Committee Chairman Chuck Grassley (R-IA), is known for his outspoken support of Trump and has made controversial statements advocating for aggressive actions against political opponents and the media.
His alignment with Trump’s more combative strategies positions him as a possible pick for attorney general. However, his polarizing rhetoric would possibly face significant scrutiny during the confirmation process.
Davis, who founded conservative judicial advocacy group Article III Project, has branded himself as Trump’s unofficial “viceroy” and has been a relentless force defending Trump through his various legal battles throughout the campaign.
While he is often discussed in the mix of contenders who could be attorney general, he conceded in a post on X recently that he might ultimately not be in the running, saying “Mark Paoletta is far and away the best choice for Attorney General.”
Judge Aileen Cannon: The judicial ally
U.S. District Judge Aileen Cannon, appointed by Trump in 2020, dismissed the classified documents case against him earlier this year, citing constitutional concerns over special counsel Smith’s appointment.
Her ruling was praised by Trump and his supporters but faced criticism from some legal experts. Cannon’s inclusion on the list of possible attorney general candidates underscores Trump’s preference for perceived loyalists in key positions.
While there is no indication from Cannon on whether she would take the job, she recently issued a stern filing in which she declined to recuse herself from the case of attempted Trump assassin Ryan Routh, whose lawyer argued that her name appearing on the Trump transition list was grounds for her to pass the case to another judge.
“Defendant cites a series of factors which he believes, when viewed in their totality, create an appearance of partiality,” Cannon wrote. “None warrants recusal, whether examined individually or together.”
Todd Blanche: The defense attorney
Todd Blanche, Trump’s lead defense attorney in several criminal cases, is being considered for top DOJ roles, including deputy attorney general and White House counsel.
His direct involvement in defending Trump demonstrates a high level of trust and loyalty, making him a possible candidate for significant positions within the Justice Department.
A crucial choice with far-reaching consequences
The DOJ under Trump could make several changes in litigation presently being led by the agency under Biden.
Under Attorney General Merrick Garland, the agency has pursued a number of controversial cases at the Supreme Court, such as attempts to undo a Tennessee law banning transgender procedures for minors under the guise of protecting LGBT rights. The Biden DOJ also defended regulations that crack down on the sale of gun parts kits that Second Amendment advocates say would place legitimate gun builders on the wrong side of the law.
While both cases will already be briefed and argued before the justices by the time Trump is sworn into office, it remains to be seen whether a future solicitor general under the next attorney general would attempt to provide additional briefings that would alter the previous Biden administration’s standpoint on these hot-button issues.
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The choice for a solid attorney general is also especially important for Trump after he previously faced pushback for his comments about reforms he wants to pursue at the agency. During his first presidency, Trump had a falling out with former Attorney General Bill Barr after raising issues about loyalty and his work during his first term in office.
Trump’s relationship with Barr grew increasingly distant when the then-attorney general refuted Trump’s claims of widespread voter fraud in the 2020 election, leading Trump to criticize Barr for lacking loyalty and strength in defending his post-2020 election challenges.
