Questions have swirled about Matt Gaetz’s political fate since he resigned from Congress and later withdrew his name from President-elect Donald Trump’s nomination for attorney general.
Gaetz resigned from the current Congress last week, but was re-elected this month to represent Florida’s district when the next Congress begins in January. So the question arises: can he come back?
Here’s what you need to know:
Gaetz won’t be able to return to Congress this year.
When he submitted his resignation, Gaetz ended his official role in the current 118th Congress. He cannot win back his seat in the remaining weeks of this Congress.
Under what is known as the House of Representatives’ Deshler-Brown precedent, resignations “take effect subject to stated conditions and are generally irrevocable.”
In other words, Mr. Gaetz will not be returning to the 118th Congress.
Will he be able to take the oath in the 119th Congress?
it’s complicated.
“I do not intend to take the oath of office to serve in the 119th Congress,” Gaetz wrote in his resignation letter read by a clerk on the House floor. He made the same statement in a Nov. 13 letter to Florida Governor Ron DeSantis, which was entered into the Congressional Record.
DeSantis was required to notify DeSantis because vacancies in the House of Representatives are filled by special election, as Article I, Section 2 of the Constitution states: ”
However, a special election has not yet been organized or held.
The 119th Congress begins on January 3rd. When Gaetz resigned, House Speaker Mike Johnson (R-Fla.) expressed hope that a special election could be held in time to quickly fill Gaetz’s seat.
The House of Commons Practice Guide states that elected members “who are entitled to take the oath may decline the oath by resigning before taking their seats, because membership cannot be imposed without the member’s consent.” Because it cannot be done.”
The question is whether Gates will try to reverse his decision not to take the oath. There are very few cases in which an incoming lawmaker has said not to take the oath and then reversed course.
At the same time, Gates’ wife I posted a photo On Thursday, the pair can be seen walking down the House steps with the caption “End of an era.”
What will happen to the Ethics Committee investigation if Gates returns?
The Ethics Committee can vote to expand its investigation into members. Therefore, if Gaetz is able to take his seat in the 119th Congress, the committee could extend its investigation and issue a report.
Before Gaetz withdrew his name from the list for attorney general, Johnson indicated that he did not want the ethics committee to release its report.
Ethics Committee Chairman Michael Guest (R-Mich.) said Wednesday that there was “no agreement” among the commissioners to release the report, but that Democrats “will consider this matter further.” He said he would reconvene the committee on December 5th.
What will happen to the ethics investigation if Gaetz doesn’t return?
Guest told reporters Thursday that Gaetz’s withdrawal “should end the debate as to whether the Ethics Commission should proceed with this matter.”
“I think this removes the Ethics Committee’s involvement in matters involving Mr. Gates because he is no longer a member of Congress,” Guest said.
But Rep. Sean Kasten (D-Ill.) is still pushing for a vote on the House floor to force the committee to release the report. He introduced a privilege resolution Wednesday night to force a vote.
Prime Minister Johnson said the matter would be dealt with after Thanksgiving.
