Former Rep. Matt Gaetz, R-Fla., officially resigned from the House last week, and according to House precedent, his resignation is final and cannot be revoked. Gaetz's letter of resignation stated that he was stepping aside 'effective immediately.'
Although Gaetz was re-elected to his seat for the new Congress, he indicated in his letter to the House clerk that he did not intend to take the oath of office for the 119th Congress in order to pursue a position in the Trump Administration as Attorney General.
However, Gaetz has not confirmed his plans for the new Congress, and if he decides to serve, he would need to inform the House clerk accordingly. The portion of Gaetz's letter regarding his intentions for the new Congress is not considered binding.
The House Ethics Committee is required to conclude its inquiry into Gaetz by the end of this Congress on Jan. 3, but there is a possibility that the inquiry could be carried over to the next Congress, as per precedent. The committee is still working to finalize its current investigation.
If Gaetz chooses not to serve in the new Congress and has withdrawn his nomination for Attorney General, the public release of the committee's report may be less significant. While there could be potentially damaging information in the report, the House typically does not release reports about former members, even though there is precedent for doing so. Additionally, the Senate Judiciary Committee has lost interest in the report now that Gaetz is no longer a nominee for Attorney General.
If Gaetz decides to return to the House, it would benefit the GOP in terms of numbers, especially with other representatives like Elise Stefanik, R-N.Y., and Michael Waltz, R-Minn., leaving to join the Trump administration.
