Can Matt Gaetz return to Congress?

Now that former Rep. Matt Gaetz (R-Fla.) has withdrawn from consideration to be President-elect Trump’s legal professional normal, questions are swirling about whether or not he’ll return to the Home — or if he even can.

Home guidelines and precedents and the style during which Gaetz resigned imply he won’t be coming again earlier than the tip of the yr. However whether or not he can return subsequent yr — if he desires to — is unclear.

Trump picks Pam Bondi for subsequent legal professional normal

Listed here are the Home guidelines, precedents and dynamics at play.

Gaetz can’t come again this yr

Gaetz abruptly resigned from the Home final week, the identical day Trump introduced Gaetz as his decide for legal professional normal.

He can’t return for the 118th Congress, which can final by the tip of the yr, in keeping with written precedents underneath which the Home operates: “The resignation of a Member from the House … ordinarily may not be withdrawn.”

Unclear whether or not he can unilaterally return in 2025

Gaetz this month was reelected to signify Florida’s 1st Congressional District for the 119th Congress, which begins Jan. 3.

Whereas uncommon, there may be precedent for a member-elect resigning a seat earlier than taking the oath of workplace.

However Gaetz’s resignation letter left some wiggle room that raises questions on whether or not he did in reality resign, and whether or not he can unilaterally resolve to return for the 119th Congress.

“I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General in the Trump Administration,” Gaetz stated in his communication to the Home when he resigned his seat final week.

The query is whether or not stating his intention to not take the seat quantities to a resignation. Now that he’s not pursuing the legal professional normal place, his intentions could change.

Some congressional sources imagine Gaetz’s cautious wording means he can resolve to return and take the oath of workplace on Jan. 3, however different procedural observers will not be so certain.

One other complicating issue is that Florida Gov. Ron DeSantis (R) final week stated he instructed the Florida secretary of state to “formulate and announce a schedule for the upcoming special elections” to fill Gaetz’s seat for the 119th Congress. A number of candidates introduced bids to exchange Gaetz.

There had not, nevertheless, been a date or schedule introduced for that particular election. The Florida secretary of state’s workplace didn’t instantly return The Hill’s inquiry in regards to the particular election’s standing, or the prospect of Gaetz returning to the seat.

Gaetz might run in a particular election

If decided that Gaetz wouldn’t have the ability to resolve himself to return for the 119th Congress, he might additionally run within the particular election to fill the seat — and he’d have an excellent probability at profitable.

Gaetz simply gained a major towards a challenger supported by allies of former Speaker Kevin McCarthy (R-Calif.), whom Gaetz ousted by triggering a “motion to vacate.” 

Gaetz acquired greater than 70 % of the vote in that major — regardless of an out of doors PAC spending hundreds of thousands on brutal advertisements that introduced up allegations of Gaetz paying for intercourse by a now-convicted former pal. Gaetz has vigorously denied allegations of wrongdoing, and the Division of Justice declined to cost him after investigating associated issues.

Not clear if Gaetz desires to return to the Home

Whereas Washington and political observers marvel if Gaetz can return to the Home, it’s not clear if he even desires to.

His spouse, Ginger Gaetz, reposted his assertion on social platform X about withdrawing from legal professional normal consideration with a photograph of the 2 on the Capitol steps, saying: “The end of an era.”

Being again within the Home would additionally imply the Home Ethics Committee would once more have jurisdiction over him — and nullify arguments from Speaker Mike Johnson (R-La.) that it’s not applicable to launch an Ethics Committee report on a former member. 

Many Republicans believed Gaetz resigned his seat with a purpose to cease the report from popping out, regardless of Johnson saying the reasoning was to shortly fill the seat and reduce the affect of being one member down in a slim Home GOP majority.

The panel investigated Gaetz on and off for years over allegations of sexual misconduct, illicit drug use, and different issues, which Gaetz has denied.

It’s not clear what the Florida lawmaker does subsequent, however Gaetz has loads of choices other than returning to the Home. These embrace Trump appointing him to a place that doesn’t require Senate affirmation, exploring a run for governor of Florida, and even launching a media profession.

Mychael Schnell and Julia Manchester contributed.

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