Matt Gaetz’s resignation from the House of Representatives in anticipation of being confirmed as President-elect Donald Trump’s attorney general may not stop the release of a looming ethics report.
Key Senate Republicans are warning that the controversial nomination, which sent shock waves through Washington, is unlikely to sail through their GOP-controlled chamber next year. At least not without first seeing a yet-to-be-published House Ethics Committee report of its investigation into Gaetz over allegations of sex trafficking and sex with a minor.
“I think there should not be any limitations on the [Senate] Judiciary Committee’s investigation, including whatever the House Ethics Committee generated,” said Sen. John Cornyn (R-TX), a member of the Senate’s judiciary panel charged with holding Gaetz’s confirmation hearing.
The firebrand Republican’s abrupt resignation from the House on Wednesday may have allowed him to quash the report’s imminent unveiling since Gaetz is no longer a member of Congress, though it was unclear whether House Ethics lawmakers could still vote to release it or provide it to the Senate.
Senate Judiciary Committee Chairman Dick Durbin (D-IL) demanded Thursday that it be preserved by the House and shared with his committee, as well as “all relevant documentation on Mr. Gaetz.”
“The sequence and timing of Mr. Gaetz’s resignation from the House raises serious questions about the contents of the House Ethics Committee report,” Durbin said. “We cannot allow this valuable information from a bipartisan investigation to be hidden from the American people.”
A lawyer representing the alleged victim is also calling for the release of the report. “Mr. Gaetz’s likely nomination as attorney general is a perverse development in a truly dark series of events,” John Clune posted. “We would support the House Ethics Committee immediately releasing their report. She was a high school student and there were witnesses.”
Gaetz has denied any wrongdoing, and the Justice Department did not bring any charges against him following a sex trafficking investigation. He explained the timing of his departure was to minimize any impact on House Republicans’ slim majority under Trump and allow Gov. Ron DeSantis (R-FL) to appoint a replacement in the new Congress quickly.
Sen. John Thune (R-SD), the incoming Senate majority leader, offered little insight on how his new Republican leadership would handle the matter come January.
“I don’t know until we start the process with him and all the other potential nominees,” Thune told reporters. “None of this stuff is formal yet. But when it is, we expect our committees do their jobs and provide the advice and consent that is required under the Constitution.”
But Sen. Thom Tillis (R-NC), who sits on Judiciary and has “sparred back and forth” in the past with Gaetz on social media, signaled to Trump that he should prepare for the possibility of Gaetz’s nomination failing.
“The president has an obligation to make sure that that nominee is going to pass vetting and have the votes on the floor,” Tillis said. “I will consider Matt Gaetz like I will anybody else. But if they don’t do the homework, don’t be surprised that they fail.”
As for the House Ethics report, Tillis said he was “almost certain that it will come out” one way or another.
Other Judiciary panel Republicans offered more deference to Trump and his nominees, including Gaetz. Sen. Lindsey Graham (R-SC) said it would be up to the House whether or not to release the ethics report and declined to share his own opinion.
“I think [Gaetz] is smart, who asks a lot of hard questions,” Graham told the Washington Examiner. “We’ll see how he does.”
Sen. Josh Hawley (R-MO), whose predisposition is to support all of Trump’s nominees, used Trump’s demand for recess appointments without Senate confirmation as a “warning” for Democrats not to try and delay or derail the process.
“I would counsel against that. Because I think if we see a concerted effort to stop and stall these nominations of the regular process of them, then I think the president, quite rightly, is going to say, ‘Well, I need my folks in place,’” Hawley told the Washington Examiner. “That would be a warning to Democrats: Let’s go through the process here.”
Thune, in his first floor remarks since being elected to succeed Senate GOP Leader Mitch McConnell (R-KY), stated the chamber’s priority under Republican control will be Trump’s nominees. He told senators to brace for “an aggressive schedule until those nominees are confirmed.” If regular order fails, however, Thune has said he’s open to allowing recess appointments.
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House Republican leaders were not involved in the Gaetz investigation from the Ethics Committee, which acts independently, but have pointed to the Justice Department dropping its inquiry into similar matters as little reason to speculate any disqualifying revelations would come to light.
“It’s not my decision. It’s the president’s decision,” House Speaker Mike Johnson (R-LA) said. “He’s someone who’s worked really hard against the weaponization of government, the lawfare that’s happened at DOJ. He’d be an instant performer if given the position, and I understand the pick.”
Samantha-Jo Roth and Cami Mondeaux contributed to this report.