Don't expect Matt Gaetz to make any mischief at the start of the next Congress, as he's suggested he might do after the release of an incriminating ethics report on his alleged sexual misconduct.
The former lawmaker resigned the seat to which he had just won re-election during his ill-fated nomination by Donald Trump as attorney general, but Axios reporter Juliegrace Brufke tamped down speculation that he might attempt to take part in the Jan. 3 vote for speaker of the House after the next Congress was sworn in.
"Per a source familiar, the Florida secretary of state sees Gaetz’s resignation for the 118th and 119th as irrevocable and is expected to send over a vacancy instead of his name ahead of swearing in on Jan. 3," Brufke reported. "There are, however, some legal questions over whether Gaetz can resign from a seat he hasn’t taken which could make the process interesting should he choose to show up for the start of the new Congress."
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Michael Thorning, director of the Bipartisan Policy Center, said that House precedents were clear and there is no question that members may resign before assuming office, but some questions remain over his resignation.
"What matters is whether the House (and in this case the State of Florida) consider the ambiguous language of his letter to constitute an actual resignation," Thorning said. "The language of his resignation was ambiguous, stating he did not 'intend' to take the oath for the 119th. Ultimately, the House will have to contend with whether or not that constitutes resignation."
Gaetz has suggested he may attempt to vote in the House speaker election next week and then "file a privileged motion to expose every 'me too' settlement paid using public funds before resigning again to begin hosting a prime time show on One America News."
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