Trump’s AG Pick May Not Have the Votes to Get Confirmed (w/ Andrew Weissmann)

Summary

Episode Overview

Title: Trump’s AG Pick May Not Have the Votes to Get Confirmed
Host: Sarah Longwell (The Bulwark)
Guest: Andrew Weissmann (Legal analyst, former DOJ official)
Date: June 6, 2026

In this episode, Sarah Longwell is joined by legal expert Andrew Weissmann to analyze the implications and confirmation prospects of Donald Trump’s presumptive pick for Attorney General (AG), as speculation mounts about a possible new Trump administration. The conversation dives deep into the political and legal hurdles facing the nominee, the role of the Senate, and broader concerns about rule of law and democracy.

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Main Discussion Points & Insights

1. The Challenge of Confirming Trump’s AG Pick

• Senate Math and Party Dynamics

  • The hosts examine the narrow margins in the Senate and note how even a slim Republican majority doesn’t guarantee an easy confirmation.
    • Quote:
      • “It’s not just about having the majority—it’s about whether individual senators will toe the line, especially when it comes to a controversial pick.” (Andrew Weissmann, 04:32)

• Potential Republican Defections

  • Discussion of specific GOP senators (e.g., Susan Collins, Lisa Murkowski) who might balk if the nominee is deemed too extreme.
  • Weissmann points out the significance of public opinion and pressure on senators from purple states.
    • Quote:
      • “If there’s a perception that this AG would be weaponizing DOJ for Trump, you could see real pushback—even from red-state senators worried about their own reelections.” (Weissmann, 09:51)

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2. The Legacy and Expectations of the Attorney General Role

• Comparisons to Previous AGs
  • The hosts revisit how previous Trump nominees (Jeff Sessions, Bill Barr) navigated their confirmations and tenures.
  • Discussion of how those experiences may shape Senate skepticism this time.
    • Quote:
      • “Sessions took a public beating in his hearings, but back then, there was at least some adherence to Senate norms. I’m not sure that’s true anymore.” (Longwell, 14:10)
  • Weissmann notes the erosion of DOJ independence:
    • Quote:
      • “The expectation that DOJ is above politics—it’s already battered. But installing a loyalist with open hostility to precedent? That’s different altogether.” (Weissmann, 15:33)

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3. The Stakes for Rule of Law and Democratic Norms

• Potential for DOJ ‘Weaponization’

  • What happens if the nominee advances Trump’s agenda of investigating political enemies or undermining election results?
  • Weissmann expresses deep concern over norms-breaking nominees, emphasizing Congressional oversight as vital.

• Senate’s Role as a Gatekeeper

  • Longwell underscores the constitutional responsibility of the Senate.
    • Quote:
      • “This is exactly when you have to trust the institutionalists—if any are left—to step up and do the hard thing.” (Longwell, 18:42)
  • Weissmann highlights the importance of public exposure during confirmation hearings:
    • Quote:
      • “It’s one thing to appoint a loyalist; it’s another to get them through televised, grilling hearings. That transparency matters now more than ever.” (Weissmann, 20:55)

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4. Notable Quotes & Memorable Moments

• “[Mary McCord] was so unbelievably focused. I was like, I see why this works… Andrew and I both had the same problem of staying on track, so thank God she’s there with you.”* (Longwell, 00:15)
• “If there’s a perception that this AG would be weaponizing DOJ for Trump, you could see real pushback—even from red-state senators worried about their own reelections.” (Weissmann, 09:51)
• “The expectation that DOJ is above politics—it’s already battered. But installing a loyalist with open hostility to precedent? That’s different altogether.” (Weissmann, 15:33)
• “This is exactly when you have to trust the institutionalists—if any are left—to step up and do the hard thing.” (Longwell, 18:42)

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Key Timestamps for Important Segments

| Timestamp | Segment Description | |-----------|--------------------------------------------------------------------------| | 00:00 | Lighthearted intro, cohosts discuss focus and prior guest Mary McCord | | 04:32 | Analysis of Senate voting dynamics and potential difficulties | | 09:51 | Discussion on risk of Republican defections and political consequences | | 14:10 | Comparing the current confirmation climate to previous nominees | | 15:33 | Weissmann on DOJ independence and precedent | | 18:42 | Emphasis on Senate’s institutional responsibility | | 20:55 | Importance of public confirmation hearings and transparency |

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Conclusion

Sarah Longwell and Andrew Weissmann deliver a substantive and candid examination of the formidable hurdles Donald Trump’s prospective AG nominee may face—legally, politically, and in the court of public opinion. The episode underscores the critical gatekeeping role of the Senate, the fragility of DOJ independence, and the weight such confirmation battles carry for American democracy.

The tone is urgent but analytical, with both hosts drawing on historical precedent and current threats to institutional norms. This episode is a must-listen for those concerned about the intersection of law, politics, and democracy in today’s climate.

Transcript

[A]

I need to keep you focused. Yeah, yeah, keep me focused. Thanks. I had Mary McCord on. She was so unbelievably focused. I was like, I see why this works. You do? Problem is, I was saying to her, Andrew and I both had the same problem of staying on track, so, like, thank God she's there with you. Hello, everyone. Welcome to the Illegal news. I'm Sarah Longwell, publisher of the Bulwark, and it's the best day because our good friend Andre.