Matt Gaetz withdraws from attorney general consideration: Can he get his job in the House back?
In the latest bombshell in President-elect Donald Trump's rapid-fire Cabinet nominations, former Rep. Matt Gaetz, Trump's controversial pick for Attorney General, withdrew his nomination Thursday.
In a post to X, formerly Twitter, Gaetz said, "While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I'll be withdrawing my name from consideration to serve as Attorney General."
"Trump's DOJ must be in place and ready on Day 1," he said. "I remain fully committed to see that Donald J. Trump is the most successful President in history.
Gaetz, who was facing an uphill Senate confirmation battle amid allegations that he sex-trafficked minors, said he had "excellent meetings" with senators Wednesday. He has steadfastly denied wrongdoing.
"I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General," Trump posted on Truth Social Thursday. "He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect."
Within hours, Trump announced his second pick for the job, former Florida Attorney General and Trump ally Pam Bondi.
But what happens to Gaetz now? Can he step back into his old job? Could he be appointed to Marco Rubio's Senate seat as Rubio moves on to be Trump's Secretary of State? ("Senator Gaetz" was trending on X within moments of his withdrawal post.)
Here's what we know:
Can Matt Gaetz un-resign and take his seat back in the U.S. House of Representatives?
Gaetz resigned from Congress to be Trump's Attorney General, two days before the release of a report from the House Ethics Committee on allegations of Gaetz's sexual misconduct and illicit drug use.
According to the U.S. Constitution, "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." Vacancies occur when "an incumbent Member dies, resigns, or leaves office for any reason before the end of their term," according to the Congressional Research Service (CRS).
DeSantis, now back from a trade mission to Italy, had instructed Secretary of State Cord Byrd to quickly schedule special elections for Gaetz and U.S. Rep. Michael Waltz, who was nominated to be Trump's next national security advisor.
Some political watchers have noted that Gaetz resigned from the 118th Congress, which ends on Jan. 3, 2025. But he was elected to serve in the 119th Congress starting next year, which could leave him some political wiggle room.
Gaetz's wife Ginger posted a picture of the couple on the steps of the U.S. Capitol, saying, "The end of an era."
Could Gaetz run for U.S. House of Representatives again?
There is nothing stopping Gaetz from running for his old job in the special election.
He won another term in November with over 66% of the vote, although as more leaks from the ethics report come out he may not enjoy the same level of support.
Can't he just go back to Congress in January?
That's unclear.
He won reelection in November, his election was certified by the state's Elections Canvassing Commission on Tuesday, and Gov. Ron DeSantis has not yet called a special election.
Gaetz said he did not intend to take the oath of office for the 119th U.S. Congress in January. And his return may mean he's back under the cloud caused by the ethics committee's investigation.
Moreover, under the U.S. Constitution, ultimately the House "shall be the Judge of the Elections, Returns and Qualifications of its own Members...."
Could DeSantis make him Senator Gaetz?
A trend is building for DeSantis to place Gaetz in the Senate seat that opened up when Trump tapped Sen. Marco Rubio to be his Secretary of State.
If he did, Gaetz would serve until 2026 when a special election would be held to serve out the remaining two years of Rubio’s term.
However, there is already a long line of people angling or rumored for the job, including Lt. Governor Jeanette Nu?ez, Attorney General Ashley Moody, former Florida House Speaker Jose Oliva, DeSantis' wife Casey, Trump’s daughter-in-law Lara Trump, or possibly even DeSantis himself.
Could Gaetz run for governor?
Both Gaetz and Waltz were considered as potential candidates for the 2026 gubernatorial, race to replace DeSantis, who is term-limited.
In 2023, NBC News reported Gaetz was considering a run for governor, but Gaetz has repeatedly said he doesn't want the job and his father told the Pensacola News-Journal his son had no plans to run for the office.
Still, at this point anything can happen.
(This story was updated with new information.)
This article originally appeared on Tallahassee Democrat: Matt Gaetz withdraws attorney general nomination. What happens now?