Matt Gaetz could possibly return to Congress even after resigning

Former Rep. Matt Gaetz, R-Fla., withdrew from consideration as President-elect Donald Trump’s attorney general as a number of senators expressed concern over alleged ethics violations centered on reports of the MAGA lawmaker having sex with a 17-year-old girl. But even after resigning from the House, Gaetz may still have legal pathways to reclaim his old perch.

Gaetz resigned in the current session of Congress, which does not officially adjourn until Jan. 2, 2025. Because Gaetz was re-elected to serve in the next Congress, which begins on Jan. 3, the Florida lawmaker might be eligible to be sworn-in again. Congressional sources told news outlets that the wording of his resignation statement might have been just vague enough to leave that door open.

Gov. Ron DeSantis, however, has already began setting up a special election to replace Gaetz, though it has not yet been scheduled. Florida’s secretary of state, responsible for election procedures, has not commented on the matter.

Speaker of the House Mike Johnson, R-La., had pressured the House Ethics Committee not to release its ethics report on Gaetz on the grounds that he was no longer under their purview. If Gaetz returns to the House, that justification goes away, which might be why Gaetz has stated repeatedly that he has no intention of doing so.

But even if he stays home, ethics panel member Rep. Glenn Ivey, D-Md., told The Daily Beast that there’s “precedence for the House Ethics Committee releasing reports” even after members leave office.

The sword of Damocles hasn’t deterred Gaetz’s allies from hyping him up for a return to Congress as a House member, as a senato  or for a Trump administration post that doesn’t require Senate approval.

“Senator Matt Gaetz has a nice ring to it,” tweeted former Sean Hannity producer Kylie Jan Kremer, a reference to the seat being vacated by Sen. Marco Rubio, R-Florida, Trump’s pick for secretary of state. Sen. Rick Scott, R-Fla., agreed, telling CNN that Gaetz is “a great person” to succeed Rubio.

For now, DeSantis does not appear keen on the idea. “He won’t appoint Matt,” a source close to DeSantis told the National Review.