Matt Gaetz’s abrupt resignation from Congress has sparked a political and ethical firestorm, coming just hours after President-elect Donald Trump nominated him to serve as the next Attorney General. The timing of Gaetz’s resignation effectively shielded him from the release of a House Ethics Committee report on his alleged misconduct, prompting bipartisan calls for transparency. The report, which reportedly includes allegations of sexual misconduct, misuse of campaign funds, and other ethical violations, remains a focal point of contention as the Senate prepares to weigh his confirmation.
Senator Dick Durbin (D-Illinois), who will become the Senate Judiciary Committee’s ranking member in January, has demanded that the report and its supporting documentation be preserved and shared with the Senate. “In light of Donald Trump’s selection of former Congressman Matt Gaetz to be his Attorney General, I am calling on the House Ethics Committee to preserve and share their report and all relevant documentation on Mr. Gaetz with the Senate Judiciary Committee,” Durbin wrote in a statement on the social media platform X.
Durbin emphasized the significance of this report for the Senate’s constitutional role in providing advice and consent for cabinet-level appointments. “The sequence and timing of Mr. Gaetz’s resignation from the House raises serious questions about the contents of the House Ethics Committee report,” Durbin wrote. “We cannot allow this valuable information from a bipartisan investigation to be hidden from the American people.”
Gaetz’s resignation came just two days before the House Ethics Committee was set to vote on whether to release its findings to the public. By stepping down, Gaetz has placed himself outside the jurisdiction of the committee, effectively halting its investigation. House Speaker Mike Johnson (R-La.) confirmed this to reporters, stating that the ethics panel “has no jurisdiction” over former members of Congress.
The investigation had initially been launched in 2021 following reports from The New York Times that Gaetz was under Justice Department scrutiny for allegedly having a sexual relationship with a 17-year-old and violating federal sex trafficking laws. Although the DOJ later declined to press charges, the ethics panel continued to investigate allegations that Gaetz “engaged in sexual misconduct and/or illicit drug use, shared inappropriate images or videos on the House floor, misused state identification records, converted campaign funds to personal use, and/or accepted a bribe, improper gratuity, or impermissible gift, in violation of House rules, laws, or other standards of conduct.”
The timing of Gaetz’s resignation has prompted speculation that the move was orchestrated to prevent the report’s release. Watchdog groups and lawmakers alike have criticized the lack of transparency. Citizens for Responsibility and Ethics in Washington (CREW) urged the committee to release its findings regardless of Gaetz’s resignation, with executive director Donald Sherman writing, “The public has a right to access and review the committee’s findings. This demand is even more acute given that the committee was also investigating allegations that Mr. Gaetz sought to obstruct government investigations of his conduct, and he has now been nominated to become the next Attorney General.”
Bipartisan criticism of Gaetz’s nomination has grown in the wake of these developments. Republican Senator John Cornyn of Texas echoed Durbin’s call for the report to be accessible to the Senate Judiciary Committee. “I think there should not be any limitations on the Senate Judiciary Committee’s examination of Gaetz, including whatever the House Ethics Committee generates,” Cornyn told reporters.
Despite widespread disapproval, Trump has defended his nomination of Gaetz, calling him “a deeply gifted and tenacious attorney” who would “focus on achieving desperately needed reform at the Department of Justice.” Trump himself has faced numerous legal battles, including two federal indictments related to classified documents and attempts to overturn the 2020 election. Critics argue that Trump’s decision to nominate Gaetz reflects his broader strategy of challenging institutional norms and consolidating political loyalty.
The nomination of Gaetz raises profound ethical questions, particularly as the role of Attorney General carries significant responsibility for upholding the rule of law. Observers have suggested that Trump’s decision may be a calculated political maneuver. Ronald Brownstein, senior editor at The Atlantic, noted, “Trump has shown he understands a cardinal rule of strong man dominance: constantly force your allies to defend the indefensible and to make ever greater concessions they once would have considered beyond the pale. Each surrender paves the way for the next. Gaetz [is] just an opening bid.”
There is also the possibility that Trump could circumvent Senate confirmation through a recess appointment. The U.S. Constitution permits presidents to make such appointments when Congress is adjourned, allowing an individual to serve the full term of the office without Senate approval. Trump has previously floated this idea and recently reiterated it on X. Legal experts warn that such a move would likely lead to litigation, with the Supreme Court ultimately determining its validity.
The controversy surrounding Gaetz’s nomination highlights broader issues of accountability and public trust in government. Critics argue that withholding the ethics report from public scrutiny undermines transparency and weakens confidence in the confirmation process. CREW’s Sherman emphasized this point, writing, “The committee has the discretion to pick and choose when continuing investigations or releasing investigative findings are in the public interest. It should do so here.”
As the Senate Judiciary Committee prepares to assess Gaetz’s fitness for office, the unresolved ethics investigation remains a central point of concern. Durbin reiterated the importance of transparency, saying, “Make no mistake: This information could be relevant to the question of Mr. Gaetz’s confirmation as the next attorney general of the United States and our constitutional responsibility of advice and consent.”
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