So, Matt Gaetz Won’t Be AG. Can He Go Back To Congress?

[Lakhota]

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

Former Florida GOP Rep. Matt Gaetz withdrew his nomination as attorney general on Thursday as new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January.

How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.”

There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are competing legal analyses for the situation.

If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented.

More at the link below...

So, Matt Gaetz Won’t Be AG. Can He Go Back To Congress?

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

www.huffpost.com

That doesn't seem fair! He should have to live with his decision! What do you think?

 

[BackAgain]

He might now freely run for the Senate.

 

[1srelluc]

I guess the gop House will have to sort it out or FL will have to hold a special election for the vacated seat.

 

[NetJedi]

Yes he can regain his seat when the new congress (119th) convenes, he resigned from the 118th Congress not the 119th (You can't preemptively resign from Congress that has not yet convened). He could also decide to run in the special election for the seat if wants and would probably win it if he did.

 

[NetJedi]

He might now freely run for the Senate.

I believe the next race for a Florida Senate Seat is in 2028 (If I'm not mistaken Rubio was re-elected in 2022 and Scott just won re-election in 2024), Governor DeSantis will choose Rubio's replacement (I could be wrong, but I suspect it will not be Matt Gaetz).

 

[NetJedi]

I guess the gop House will have to sort it out or FL will have to hold a special election for the vacated seat.

Nothing to sort out, The House rules are clear, Matt Gaetz cannot be reseated in the 118th Congress but he can take the seat he won in the 119th Congress if he so chooses.

If Gaetz declines the seat in the 119th Congress a special election will be held in the Florida's 1st District to fill the seat.

 

[Foxfyre]

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

Former Florida GOP Rep. Matt Gaetz withdrew his nomination as attorney general on Thursday as new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January.

How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.”

There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are competing legal analyses for the situation.

If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented.

More at the link below...

So, Matt Gaetz Won’t Be AG. Can He Go Back To Congress?

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

www.huffpost.com

That doesn't seem fair! He should have to live with his decision! What do you think?

I've seen a lot of speculation DeSantis may appoint him to fill Rubio's seat. But I'm pretty sure he can still take his seat he won in the next Congress on January 1. Will be interesting to see what he choose at this point. He would still be susceptible to have that Ethics Committee report released if he returns to Congress though.

 

[NetJedi]

I've seen a lot of speculation DeSantis may appoint him to fill Rubio's seat. But I'm pretty sure he can still take his seat he won in the next Congress on January 1. Will be interesting to see what he choose at this point.

If I had to bet , I'd bet on it being Lara Trump (get some creds with the sitting President) or maybe his Lt. Governor Jeanette Nunez (appoint someone with proven loyalty to himself).

IMHO picking Gaetz has no upside for DeSantis and carries potential downsides by association.

 

[Delldude]

Latest:

Can Matt Gaetz return to Congress after withdrawing as AG pick?​

Gaetz, for his part, has only expressed an intent not to take the oath of office for the 119th Congress -- which begins on Jan. 3, 2025, and for which Gaetz won reelection. He cannot preemptively resign from a session of Congress that has not yet convened or that he has not taken an oath to serve -- that means he is still eligible to serve in the 119th although he cannot under any circumstances withdraw his resignation from the 118th to return to the lame duck session, according to House rules.
_______________________
If Gaetz changes his mind and alerts the House Clerk that he intends to serve in the 119th Congress, then he could be sworn in since a special election to fill the expected vacancy has not yet been scheduled.

The rules of the House of Representatives mandates that at the beginning of the first session of Congress, members must make their presence known to occupy their seat. The rule reads: "House Rules 2. (a): At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system."

Can Matt Gaetz return to Congress after withdrawing as AG pick?

Matt Gaetz withdrew his bid to serve as attorney general in the next Trump administration, but can he go back to his old job as a member of Congress?

abcnews.go.com

 

[theHawk]

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

Former Florida GOP Rep. Matt Gaetz withdrew his nomination as attorney general on Thursday as new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January.

How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.”

There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are competing legal analyses for the situation.

If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented.

More at the link below...

So, Matt Gaetz Won’t Be AG. Can He Go Back To Congress?

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

www.huffpost.com

That doesn't seem fair! He should have to live with his decision! What do you think?

He won the election for the Representative seat in the 119th Congress.

Nothing preventing him from taking it.

 

[BackAgain]

I believe the next race for a Florida Senate Seat is in 2028 (If I'm not mistaken Rubio was re-elected in 2022 and Scott just won re-election in 2024), Governor DeSantis will choose Rubio's replacement (I could be wrong, but I suspect it will not be Matt Gaetz).

Rubio seat will become vacant.

Then the Governor can appoint his replacement.

 

[NetJedi]

Rubio seat will become vacant.

Then the Governor can appoint his replacement.

Yeah like said Governor DeSantis will appoint Rubio's replacement and that I think it's not likely to be Gaetz.

 

[Foxfyre]

If I had to bet , I'd bet on it being Lara Trump (get some creds with the sitting President) or maybe his Lt. Governor Jeanette Nunez (appoint someone with proven loyalty to himself).

IMHO picking Gaetz has no upside for DeSantis and carries potential downsides by association.

I also think at least some smart money is on Laura. I don't think she has definitively said she would accept such an appointment but she hasn't said she wouldn't either. But if DeSantis is fond of Gaetz--I don't know if he is or isn't--he might put him on the Senate just to watch some heads explode.

 

[Jim H - VA USA]

Yes he can regain his seat when the new congress (119th) convenes, he resigned from the 118th Congress not the 119th (You can't preemptively resign from Congress that has not yet convened). He could also decide to run in the special election for the seat if wants and would probably win it if he did.

It's interesting.

In his resignation, which was read on the House floor, he stated he "does not intend to take the oath of office for the same office in the 119th Congress."

(very short video here

Matt Gaetz Resignation Statement Read on House Floor

The House Clerk reads Florida Republican Rep. Matt Gaetz' resignation statement. Gaetz resigned November 13 after being tapped by President-elect Trump to be attorney general in his second administration. Gaetz, who was reelected to another term in the House in November, says he will not return...

www.c-span.org

I'd say he can take the office, since he can change his "intention," which was based upon him successfully becoming AG.

 

[Delldude]

In his resignation, which was read on the House floor, he stated he "does not intend to take the oath of office for the same office in the 119th Congress."

From his letter:


Gaetz resigned his seat for the current 118th Congress, but his resignation letter left some wiggle room for Gaetz to return for the 119th Congress that starts on Jan. 3, 2025, since he was reelected to the seat.

“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 wrote in his letter.

Now that he is no longer pursuing the attorney general position, his intentions may change.

What’s next for Matt Gaetz: 5 possibilities

Former Rep. Matt Gaetz’s (R-Fla.) political future is up in the air following his announcement that he is taking his name out of the running to be attorney general in the Trump administration.&nbsp…

thehill.com

 

[NetJedi]

I also think at least some smart money is on Laura. I don't think she has definitively said she would accept such an appointment but she hasn't said she wouldn't either. But if DeSantis is fond of Gaetz--I don't know if he is or isn't--he might put him on the Senate just to watch some heads explode.

Gaetz and DeSantis where buddies until Gaetz decided to back Trump during the 2024 primaries instead of DeSantis, since then they appear to be "Icey" towards one another.

But the biggest problem I see is all the potential ethics baggage that comes along with an association to Gaetz, not to mention nominating Gaetz doesn't do anything for Governor DeSantis, I believe DeSantis still has dreams of becoming President, why potentially soil yourself with a pick of questionable loyalty that doesn't gain you any political capital?

It'll be interesting to see what happens.

 

[BackAgain]

Yeah like said Governor DeSantis will appoint Rubio's replacement and that I think it's not likely to be Gaetz.

That depends on what’s in it for DeSantis.

In any event, the governor only installs a temporary successor. It would be until the elections of 2026. Then there would have to be an election to fill the position.

 

[odanny]

There is a cloud over this guy, and if someone other than Trump nominates him to return to his House seat it would not be a good look for them. Furthermore, everyone other than the Boebert/MTG wing of the GOP can't stand this twerp.

 

[struth]

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

Former Florida GOP Rep. Matt Gaetz withdrew his nomination as attorney general on Thursday as new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January.

How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.”

There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are competing legal analyses for the situation.

If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented.

More at the link below...

So, Matt Gaetz Won’t Be AG. Can He Go Back To Congress?

Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.

www.huffpost.com

That doesn't seem fair! He should have to live with his decision! What do you think?

Yes he could if re-elected

I don’t think he’ll be doing that. I expect him to be working somewhere in the trump admin

 

[NetJedi]

That depends on what’s in it for DeSantis.

In any event, the governor only installs a temporary successor. It would be until the elections of 2026. Then there would have to be an election to fill the position.

You're correct the replacement is only until the 2026 election (Jan 2027 for the seat to be filled by the winner).