C. A. BridgesUSA TODAY NETWORK - Florida
UPDATE: Matt Gaetz says he will not be rejoining Congress in January.
In the latest bombshell in President-elect Donald Trump's rapid-fire cabinet nominations, former U.S. Rep. Matt Gaetz, Trump's controversial choice 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.
"I will forever be honored that President Trump nominated me to lead the Department of Justice and I'm certain he will Save America."
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 the former representative's 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. If Gaetz returned to office, there would be extreme pressure for the committee to release the report.
In his first interview since withdrawing his nomination, Gaetz told Charlie Kirk on Friday that he didn't plan to come back.
"I'm still going to be in the fight, but it's going to be from a new perch. I do not intend to join the 119th Congress," Gaetz said.
"I am going to be fighting for President Trump, I'm going to be doing whatever he asks of me as I always have," he told Kirk. "But I think eight years is probably enough time in the United States Congress."
Some political watchers 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 have left him some political wiggle room.
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, but that hasn't happened yet.
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. But judging from the interview with Kirk, he doesn't seem inclined.
Could DeSantis make him Senator Gaetz?
A trend was building Thursday 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 Nuñez, 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.
According to Politico reporter Mia Camille McCarthy, Florida Sen. Rick Scott seemed to favor Lara Trump for the job when asked about a possible Sen. Gaetz.
"I think Lara Trump is a great pick. But Matt would be a great person. But I think Lara would do a great job,” he said.
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.)
