Gaetz Withdraws: What Happens Next?

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Former Florida Rep. Matt Gaetz is no longer a candidate to become attorney general.

Former Rep. Matt Gaetz (R-Fla.) could potentially return to Congress after withdrawing as a candidate for attorney general in President-elect Donald Trump’s second administration.

Gaetz, 42, resigned from his position in Congress on Nov. 13, the same day that Trump announced Gaetz as his selection for attorney general. Gaetz said in a letter to the U.S. House of Representatives that he was resigning “effective immediately.”

“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 said.

Gaetz on Nov. 21 withdrew himself from consideration as attorney general.

Gaetz cannot be appointed by Florida Gov. Ron DeSantis to the same seat he vacated because vacancies can only be filled by special elections, according to the Congressional Research Service. Florida law also requires that House vacancies be filled by the winners of special elections.

DeSantis, a Republican, said earlier this month that he had instructed Florida’s secretary of state to schedule a special election for the seat, which represents Florida’s First Congressional District. The election has not yet been scheduled.

Based on state and federal requirements, the special election is not expected to be held until after the new Congress is sworn in on Jan. 3, 2025.

Aubrey Jewett, the assistant director of the University of Central Florida’s School of Politics, Security, and International Affairs, told The Epoch Times that Gaetz could try to rescind the resignation.

Gaetz can rescind the resignation if it did not yet go into effect, Peter Bergerson, professor emeritus of political science at Florida Gulf Coast University, told The Epoch Times in an email. If the resignation is successfully rescinded, then Gaetz will be a member of the House and will keep his seat in January.

House parliamentarians say that a member’s resignation “becomes effective on its stated terms and ordinarily may not be withdrawn.”

Both Jewett and Bergerson said that regardless of the resignation, Gaetz can run in the special election if one is held.

Gaetz’s return to the House could result in the release of a report compiled following an investigation of various allegations against him by the House Ethics Committee. The committee said it was not releasing the report in light of Gaetz’s no longer being part of Congress.

“I don’t think he wants that report released. I think that’s been a pretty big driving factor in his decisions,” Jewett said.

A spokesman for Gaetz did not respond to a request for comment.

Gaetz said in his withdrawal announcement that he did not want to be a distraction for Trump’s second term.

“I remain fully committed to see that Donald J. Trump is the most successful President in history,” Gaetz said.

Trump said, “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”

Gaetz started representing Florida’s First District in 2017. He easily won reelection in the 2024 election with 66 percent of the vote.

A Gaetz entry to the special election could clear the field, especially if Trump issues a fresh endorsement, Jewett said.

DeSantis is also preparing to name an individual for an upcoming vacancy in the Senate should Sen. Marco Rubio (R-Fla.), as planned, become Trump’s secretary of state. DeSantis could consider naming Gaetz to that vacancy. Whoever is appointed will finish Rubio’s six-year term, which started in January 2023. Even if DeSantis does not choose Gaetz, the former congressman could run for the next full term in 2026.

Another possibility is vying for the governorship of Florida. DeSantis, who cruised to reelection in 2022, is term-limited from running again. Gaetz has said before, though, that he is not interested in becoming governor.

As for Trump, he will vet other possible candidates for attorney general, the transition team said.

“President Trump will announce his new decision when it is made,” Karoline Leavitt, a spokeswoman, told news outlets in a statement.

Trump previously nominated Todd Blanche, one of his personal lawyers, to the post of deputy attorney general and Emil Bove, another attorney who has represented Trump, to another top position in the Department of Justice. The attorney general is the leader of the department.