Rep. Matt Gaetz, R-Fla., questions Attorney General Merrick Garland during a hearing by the House Judiciary Committee, on June 4. President-elect Donald Trump announced his intent to nominate Gaetz to head up the Department of Justice Wednesday.

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Then-Rep. Matt Gaetz, R-Fla., questions Attorney General Merrick Garland during a hearing by the House Judiciary Committee on June 4, 2024. President-elect Donald Trump had picked Gaetz as his nominee for attorney general, but Gaetz withdrew from consideration on Thursday. / AFP via Getty Images

Lawmakers on Capitol Hill reacted to the news that President-elect Donald Trump intends to nominate Rep. Matt Gaetz, R-Fla., to be attorney general with a mix of support, disbelief and silence Wednesday.

Sen. Susan Collins, R-Maine, said she was "shocked" to hear Gaetz was tapped to lead the Department of Justice.

"Obviously the president has the right to nominate whomever he wishes," Collins said. "But this is why the Senate's advise and consent process is so important."

"I'm sure that there will be many, many questions raised at Mr. Gaetz's hearing, if in fact the nomination goes forward," she added.

The confusion deepened after House Speaker Mike Johnson, R-La., told reporters that Gaetz had resigned his seat in Congress, effective immediately. It is uncommon for lawmakers to resign after being nominated; typically, they wait to step down until after they are confirmed.

"I think out of deference to us, he issued his resignation letter effective immediately," Johnson said, adding that the early resignation would speed up the process of holding a special election to replace him.

If confirmed, Gaetz, 42, would take the helm of a department that as recently as last year was investigating him for possible sex trafficking offenses. Ultimately, prosecutors recommended against bringing charges against him after a long-running probe.

Gaetz also faced an House Ethics Committee investigation related to sex trafficking and drug allegations that ended when he resigned his position on Wednesday.

When asked about the GOP concerns about the nomination, incoming Senate Republican Leader John Thune, R-S.D., said "that's probably a good question for the chairman of the Judiciary Committee."

Alaska Sen. Lisa Murkowski is among those raising questions. She told reporters in the Capitol that she is concerned about the number of open investigations surrounding Gaetz.

"I'm surprised by this particular nomination and perhaps some of the others, which, again, were not names that most of us would have have thought to be out there," Murkowski said. "But President Trump, if he is not one thing, he is his own person and and advancing his ideas."

Republican Sen. Joni Ernst, R-Iowa, did not indicate her thoughts on the nominee but said "he'll have his work cut out for him."

Republicans will hold 53 seats in the upcoming Congress after last week's elections, meaning Gaetz can only lose three votes from his own party if he hopes to be confirmed.

A rank-and-file Republican in the House of Representatives speculated on his odds bluntly: "It's an obvious throwaway nomination that has no chance in the Senate."

But the skepticism is also nuanced. Fellow Trump ally, Sen. Lindsey Graham, R-S.C., said he is "inclined to support" Trump's cabinet picks but admitted some "surprise" at Gaetz's nomination.

"Confirmation hearings will be important. [Gaetz] will have some tough questions to answer," Graham predicted.

Florida Sen. Marco Rubio, whom Trump has tapped to serve as secretary of state, said he has "known Matt a long time," and thinks he "would do a good job." Rubio added he expects Gaetz would be confirmed.

"Presidents deserve great deference, as president [he has] a mandate and he has a right to surround himself with people he trusts, especially in a position that important," he said.