Former Rep. Matt Gaetz, R-Fla., recently resigned from Congress after being chosen by President-elect Trump to serve as Attorney General. However, the House Ethics Committee was on the verge of releasing a report investigating allegations of “sexual misconduct” and “illicit drug use” by Gaetz. The FBI had previously investigated Gaetz but dropped the inquiry in February. The Ethics Committee was set to publish its findings on Gaetz, but since he is no longer a Member of Congress, the committee may be powerless to act.
House Ethics Committee Chairman Michael Guest stated that if Gaetz were no longer a Member of Congress due to accepting a position in the administration, such as Attorney General, the committee would lose jurisdiction over the investigation and would not issue a report. However, there is a parliamentary maneuver called “question of privileges of the House” that could potentially be used to compel the Ethics Committee to release the report. There are historical examples of reports being released after a Member left office, such as in the cases of former Reps. John Murtha, Bill Boner, and Mark Foley.
The Senate Judiciary Committee will review Gaetz’s nomination for Attorney General, conduct background checks, and hold a confirmation hearing before voting on the nomination. Senate Judiciary Committee Chairman Dick Durbin formally requested the House Ethics Committee to send over the report as part of the confirmation process for Gaetz. Both Democrats and Republicans expressed support for the Senate Judiciary Committee to have access to the report in order to make an informed decision on Gaetz’s nomination.
Speaker of the House Senator Ron Johnson stated that releasing the report on a former Member of the House could set a dangerous precedent. He reaffirmed this stance in an appearance on Fox News Sunday. However, there are suggestions that the Senate Judiciary Committee could subpoena the report from the House Ethics Committee or that a vote on the House floor could dislodge the report from the panel. Both scenarios could put Republican lawmakers in a difficult position, as they may fear backlash from incoming President Trump.
While Gaetz may no longer be a Member of the House, the fight over the ethics report is far from over. Gaetz’s nomination for Attorney General has sparked controversy and uncertainty among lawmakers. The possible release of the report and the implications for Gaetz’s confirmation have prompted both Democrats and Republicans to push for transparency and access to the information. The outcome of this situation remains uncertain as Congress grapples with the aftermath of Gaetz’s resignation and potential confirmation as Attorney General.