Ever since Matt Gaetz resigned from the House — and subsequently withdrew his name from consideration to be President-elect Donald Trump’s nominee for attorney general — questions have swirled about his political fate.
While Gaetz resigned last week from the current Congress, he was re-elected this month to represent his Florida district when the next session begins in January. That raises the question: Could he return?
Here’s what to know.
Gaetz can’t return to Congress this year
When he submitted his resignation, Gaetz ended his official role in the current 118th Congress. He cannot reclaim his seat in the remaining weeks of this Congress.
According to what are known as the Deschler-Brown Precedents of the House, a resignation “becomes effective on its stated terms and ordinarily may not be withdrawn.”
So Gaetz is not coming back to the 118th Congress.
Could he be sworn in for the 119th Congress?
It’s complicated.
In his resignation letter, read by the clerk on the House floor, Gaetz wrote: “I do not intend to take the oath of office for the same office in the 119th Congress.” He wrote the same sentence in a letter sent to Florida Gov. Ron DeSantis, dated Nov. 13 and entered it into the Congressional Record.
DeSantis had to be notified because House vacancies are filled by special election as stated in Article I, Section 2 of the Constitution: “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.”
But a special election has not been organized or held yet.
The 119th Congress begins on Jan. 3. When Gaetz resigned, House Speaker Mike Johnson, R-Fla., expressed hope that a special election could be held in time to fill his seat quickly.
The House Practice guide says members-elect “entitled to take the oath may decline it by resigning before taking a seat, because membership cannot be imposed on one without his consent.”
The question becomes whether Gaetz tries to reverse his decision about not intending to take the oath. There is little precedent of a member-elect’s saying he or she will not take the oath and then reversing course.
At the same time, Gaetz’s wife posted a photo Thursday of the two of them walking on the House steps with the caption: “The end of an era.”
What happens to the Ethics Committee investigation if Gaetz returns?
The Ethics Committee can vote to extend investigations into members. So if Gaetz is able to take his seat in the 119th Congress, the panel could extend its investigation and still release its report.
Before Gaetz withdrew his name from consideration for attorney general, Johnson signaled that he did not want the Ethics Committee to release its report.
While Ethics Committee Chair Michael Guest, R-Miss., said Wednesday there was “no agreement” among committee members about releasing the report, Democrats have said the committee will reconvene Dec. 5 to “further consider this matter.”
What happens to the ethics probe if Gaetz doesn’t return?
Guest told reporters Thursday that Gaetz’s withdrawal “should end the discussion of whether or not the Ethics Committee should continue to move forward in this matter.
“He is no longer a member of Congress, and so I think that this settles any involvement that the ethics committee should have in any matters involving Mr. Gaetz,” Guest said.
Rep. Sean Casten, D-Ill., however, is still pushing for a vote on the House floor to compel the committee to release its report. He introduced a privileged resolution Wednesday night to force a vote on it.
Johnson said that would be addressed after Thanksgiving.
