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Can Matt Gaetz get his House seat back?
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Can Matt Gaetz get his House seat back?

Topline

Former Rep. Matt Gaetz, R-Fla., resigned from his position in the House of Representatives last week after President-elect Donald Trump selected him as attorney general — but Gaetz withdrew as a candidate Thursday, leaving the future of the right-wing rioter remained questionable.

Key facts

Gaetz resigned from Congress almost immediately after the nod (despite being re-elected earlier this month), just days before a House Ethics Committee report was reportedly set to be released on sexual misconduct and drug allegations against him.

Gaetz specifically stated in his resignation letter that he “did not intend to take the oath of office for the same office in the 119th Congress,” which Notre Dame law professor Derek T. Muller said on Thursday X is “sufficient to to create a vacancy” for the spot Gaetz won in re-election under House precedent.

Because Gaetz has resigned from Congress, his seat is constitutionally required to be filled through a special election in Florida, meaning he cannot simply regain his seat in the House of Representatives or be appointed to the seat.

After Gaetz resigned, Florida Governor Ron DeSantis said he was working to immediately announce a schedule for the special election.

This story is current and will be updated.

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Crucial quote

After Gaetz withdrew, Trump posted on Truth Social that Gaetz was “doing very well, but at the same time did not want to be a distraction to the government, for which he has great respect.” Trump continued: “Matt has a bright future, and I look forward to seeing all the great things he will do!”

Could Matt Gaetz run for his own seat in the House of Representatives?

Gaetz — who won reelection in his Florida congressional district with 66.3% of the vote — could likely run again for his own seat in a special election. Jonathan Hanson, a professor at the University of Michigan’s Ford School of Public Policy, told Forbes that he believes Gaetz would have no problem running for office again because there is nothing in Florida law that prohibits the person who has left the seat is prohibited from being nominated for a party. a special election.

When will elections be held for Gaetz’s seat?

Florida law does not explicitly provide a timeline for filling a vacancy, although House Speaker Mike Johnson, R-La., said after Gaetz’s resignation that in Florida there is “approximately an eight-week period to select and fill a vacant seat” and he was hopeful that Gaetz’s absence could be filled by January 3, when the next Congress is sworn in.

Could Ron Desantis appoint Matt Gaetz to the Senate?

“Senator Gaetz” was trending on X, formerly known as Twitter, within minutes of Gaetz announcing he was removing himself from consideration for attorney general. One seat in the Florida Senate will likely be open for nomination by DeSantis, as Trump announced he is nominating Sen. Marco Rubio as Secretary of State. DeSantis could technically appoint Gaetz to that seat since he currently has no role in Congress, but DeSantis said Monday that he has “already received strong interest from several potential candidates, and we continue to gather names of additional candidates and conduct preliminary searches .” He said screening will continue in the coming weeks and he expects a selection to take place in early January.

What will happen to the House Ethics Report?

It’s not clear. The House of Representatives Ethics Committee deadlocked Wednesday over whether the highly sought-after report on its investigation into whether Gaetz engaged in sexual misconduct and other allegations would be released. The report was able to be made public despite the committee not voting because two Democratic representatives filed a “privileged” resolution to force the release of the report. However, with Gaetz out of the running for attorney general, it is unclear whether other lawmakers will continue to push for the report’s contents to be made public. Hanson told Forbes that if Gaetz is re-elected to fill his own vacant seat, the push to vacate it could continue. “It is not clear exactly what the Ethics Commission will do, but any return by Gaetz to Congress exposes him to the possibility that the case against him will proceed,” he said.

Important background

Gaetz was recognized as one of Trump’s more controversial nominations for his Cabinet, with some Republican senators criticizing the choice. Sen. Lisa Murkowski, R-Alaska, said she doesn’t think Trump’s pick is “a serious nomination for attorney general,” and Rep. Mike Simpson, R-Idaho, responded: “Are you of the opinion that I?” when asked about the nomination, according to HuffPost. Gaetz began serving in Congress in 2017 and identified himself as a die-hard Trump supporter, backing the then-president’s claims that the 2020 election was stolen and invoking a Proud Boys slogan in support of Trump. Gaetz became the subject of a Justice Department sexual misconduct investigation over allegations that he had sex as a minor and violated sex trafficking laws by paying for sex, although it ultimately declined to prosecute him. The House Ethics Committee subsequently investigated Gaetz over the matter, and also investigated him for illegal drug use, accepting inappropriate gifts and granting special privileges to friends. Gaetz has denied all allegations.

Read more

ForbesGaetz resigns before the Ethics Report can be releasedForbesTrump’s Cabinet and Key Jobs: Matthew Whitaker Named NATO Ambassador – While Trump Backs Gaetz Despite AllegationsForbes‘Shocked by the nomination’: Gaetz as Attorney General Pick stuns members of Congressverifythis.comNo, Matt Gaetz is not guaranteed to regain his seat in the House of Representatives after withdrawing from AG consideration