Whether Matt Gaetz serves arsenic US lawyer wide during President-elect Donald Trump’s 2nd management depends connected respective factors, including what senators make of a House committee investigation into alleged intersexual misconduct by nan erstwhile US House Representative from Florida.
The House Ethics Committee is scheduled to meet connected November 20, erstwhile it could determine whether to merchandise a bipartisan study connected nan allegations against Gaetz.
Ahead of Senate confirmation hearings, senators, including immoderate Republicans, person urged nan House sheet to merchandise nan report. Gaetz resigned from Congress connected November 13.
US House Speaker Mike Johnson has said he does not want nan committee’s study released because doing truthful would group a “terrible precedent”.
Has nan House committee released reports astir nonmembers of Congress? Who decides whether to merchandise nan report? Here are answers to those questions and more.
What is nan House Ethics Committee?
The House successful 1965 created nan Standards of Official Conduct Committee, now called nan House Committee connected Ethics, aliases nan House Ethics Committee. It polices House members’ adherence to nan enclosure rules and applicable laws.
Unique among House committees, it has a rank arsenic divided betwixt Republicans and Democrats, presently 5 lawmakers from each party. Because 1 statement cannot dictate nan panel’s actions connected its own, immoderate determination carries bipartisan weight.
Why did nan Justice Department and nan House analyse Gaetz?
In precocious 2020, erstwhile Trump was president and Bill Barr was lawyer general, nan Justice Department began investigating allegations that Gaetz was progressive successful activity trafficking a 17-year aged girl.
The investigation intensified erstwhile Gaetz was tied to Joel Greenberg, a erstwhile Seminole County, Florida, taxation collector who pleaded blameworthy successful 2021 to six national crimes, including activity trafficking.
Greenberg had admitted to paying women for sex; he besides admitted paying a insignificant for activity and introducing her to different men. He was sentenced to 11 years successful prison.
In a plea deal, Greenberg gave investigators accusation astir Gaetz, and prosecutors started to look astatine whether Gaetz was progressive successful nan activity trafficking scheme.
The section besides investigated different Gaetz associates, and backstage trips he took to nan Bahamas and New York successful 2018 and 2019. Gaetz has many times denied wrongdoing and has called nan investigations into him politically motivated.
In February 2023, nan Justice Department told Gaetz’s lawyers they were closing nan investigation without recommending charges, partially because prosecutors struggled complete whether a assemblage would see nan witnesses, including Greenberg, credible.
On a parallel track, nan House Ethics Committee began investigating Gaetz successful 2021 complete his purported engagement successful nan activity trafficking strategy and different accusations of intersexual misconduct.
The committee initially deferred to nan Justice Department earlier expanding its probe to analyse accusations that Gaetz utilized illicit drugs, obstructed investigations into his behaviour and accepted improper gifts.
As nan committee plans to meet connected Wednesday to talk releasing nan report, Joel Leppard, a lawyer representing 2 women progressive successful nan accusations against Gaetz, told ABC News that some women told committee investigators Gaetz paid them for activity aggregate times.
Leppard told ABC News that 1 of his clients besides saw Gaetz having activity pinch a 3rd female – who was past 17 years aged – astatine a location statement successful Florida successful 2017.
Would releasing nan study break precedent?
On CNN’s State of nan Union connected Sunday, Johnson called releasing nan study “a Pandora’s box”, saying location is simply a “very important protocol and tradition” that nan committee’s jurisdiction does not widen to nonmembers.
In immoderate cases, erstwhile nan committee has announced an investigation but a lawmaker resigns wrong days, nan sheet acted nary further. In 2011, Anthony Weiner, a Democratic congressman from New York City, resigned aft nan committee launched a preliminary investigation into sexting allegations but closed nan enquiry erstwhile Weiner stepped down.
In 2017, nan sheet opened an enquiry into allegations that Trent Franks, nan typical from Arizona, offered a female unit personnel $5m to carnivore his child, but nan enquiry closed erstwhile he resigned.
Despite specified examples, “there is nary precedent barring nan merchandise of a study connected a erstwhile member,” said Donald Wolfensberger, a legislature clever clever astatine nan Woodrow Wilson International Center for Scholars and a House Rules Committee erstwhile unit director.
In 1987, Representative Bill Boner from Tennessee resigned aft winning a title for Nashville mayor. Despite his departure, nan House committee released an first unit study astir its investigation into allegations of improper spending and bribes.
In its report, nan committee said it “has not mostly issued reports” pursuing a resignation, status aliases re-election defeat, but it added that location were “a number of issues” successful Boner’s lawsuit that “warrant nationalist disclosure”.
In 1990, nan committee released a study 1 time aft nan resignation of Ohio Republican Congressman Buz Lukens, who had been convicted of charges related to paying an underaged woman $40 for sex.
The committee had been investigating different allegations of improprieties by Lukens pinch House employees. Although nan committee ended its progressive investigation erstwhile Lukens resigned, it voted to merchandise a lawsuit summary.
Some investigations moreover started aft lawmakers’ resignations.
In 2006, nan committee opened an investigation into erstwhile Representative Mark Foley from Florida, aft he had near nan House, and past released a report. Foley was accused of sending sexually suggestive messages to House pages, who are precocious schoolhouse students.
And successful 2011, nan committee voted to reauthorise a lapsed investigation into erstwhile Democratic Congressman from New York Eric Massa, who had resigned successful 2010 aft allegations of groping his staff.
Who decides to merchandise nan report? What is Johnson’s role?
Johnson said connected State of nan Union that “the speaker does not person nan authority to extremity nan merchandise of a study by nan Ethics Committee”.
Rather, it is up to nan committee itself. After nan committee approves nan report, nan president files it, “unless nan committee directs otherwise,” Wolfensberger said.
Some Republican senators person called for nan House sheet to merchandise nan report. The House is an independent body, truthful it does not person to crook to nan Senate’s will. But specified calls could publically unit nan Ethics Committee to merchandise it.
If nan Senate doesn’t corroborate Gaetz, what are his options?
If nan Senate doesn’t corroborate Gaetz done its normal process, Trump could instal him arsenic a “recess appointment”. The president tin make specified appointments erstwhile Congress is successful recess for astatine slightest 10 days. However, nan recess assignment would beryllium bully only until nan extremity of nan legislature session, which typically occurs astatine year’s end.
If Gaetz’s lawyer wide information fizzles, Gaetz could return to nan House. Although he has resigned from nan existent Congress, Gaetz won re-election to nan adjacent Congress and would beryllium eligible to service if he wishes, arsenic agelong arsenic he decides to do truthful earlier nan caller House is sworn successful connected January 3.
Trump could besides name Gaetz to different executive branch occupation that requires nary Senate confirmation.
Gaetz besides could tally for Florida governor, a spot that will unfastened successful 2026, erstwhile Republican Governor Ron DeSantis will beryllium term-limited retired of office. Political analysts person agelong considered Gaetz a starring contender for nan seat.