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.

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...


That doesn't seem fair! He should have to live with his decision! What do you think?
Fuck off ! Elections have consequences. Landslide.
 
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...


That doesn't seem fair! He should have to live with his decision! What do you think?
Republicans will do whatever is best for them. If a Democrat were going to be taking his seat, they'd say he can come back. And they would squash the investigation against him. If his replacement coming in is a Republican, Trump will find something else for him and Mark Robinson to do.

What's amazing to me, a Michigander, is that when the Devos family ran for governor, we said no. But Trump puts them in charge of education. Michigan rejects someone and Republican administrations find jobs for them in the white house.

I'm sure Democrats probably do it too. But same for Linda McMahon. She lost, now she's running the Department of Education.
 
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...


That doesn't seem fair! He should have to live with his decision! What do you think?
I don't see why not, I mean, if a senator runs for president and loses, they get to go back to their senate seat, right?
 
AG Chief of staff doesn't have to be confirmed.

Oh, the possibilities.
 
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...


That doesn't seem fair! He should have to live with his decision! What do you think?
Is it possible that this entire series of actions was carried out in order to quash his ethics investigation?
 
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...


That doesn't seem fair! He should have to live with his decision! What do you think?
I think there's a good chance that he will be appointed a Florida Senator. He had to know his confirmation was touchy at best so I'm sure a plan B was well thought out ahead of time.
 
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.
There is always that factor of spending your 'political capital' needlessly. But then neither Trump nor DeSantis have seemed to care a whole lot about what the political opposition thinks about what they do when they know they're doing the right thing.. Both have shown quite a bit of character there.

But yes, so long as the rumors, innuendo or whatever are hanging over Gaetz' head, he could be seen as a political liability. Deep down I suspect the real reason he withdrew his nomination was that Trump asked him to. But I certainly have no first or third hand knowledge about that and nobody will probably ever know. And I think he might choose not to take his seat in the next Congress because that Ethics Report is still there. Will be interesting to see how it all plays out.

By the way, welcome to USMB NetJedi. I appreciate those who actually make a rational argument here. So many here seem to be incapable of that. :)
 
Look at my previous posts.

I saw your previous posts. He resigned. There will be a special election in January and another in November 2026. He can run for either or both if he wants to return to Congress.
 
I saw your previous posts. He resigned. There will be a special election in January and another in November 2026. He can run for either or both if he wants to return to Congress.
If he notifies the house clerk if he intends to take his seat, there's no need.

He resigned from the 108th Congress, yet was reelected for 2025.
 
If he notifies the house clerk if he intends to take his seat, there's no need.

He resigned from the 108th Congress, yet was reelected for 2025.

 
Dude,

AS A UNITED STATES REPRESENTATIVE FOR FLORIDA'S FIRST CONGRESSIONAL DISTRICT EFFECTIVE IMMEDIATELY AND 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. SIGNED, SINCERELY, MATT GAETZ, MEMBER OF CONGRESS.

So he's not seeking the AG position. No special election has been scheduled.
 
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