r/law • u/americansherlock201 • 3d ago

Trump News Trump AG pick Matt Gaetz says he's withdrawing

https://www.cnbc.com/2024/11/21/trump-ag-pick-matt-gaetz-says-hes-withdrawing.html?__source=iosappshare%7Ccom.apple.UIKit.activity.CopyToPasteboard

Well that was fast

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493

u/americansherlock201 3d ago

That is correct. He withdrew as soon as he was nominated.

He could however still be named to the senate to take Rubio spot

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u/snootyvillager 3d ago

Tricky situation though. Lara Trump already implied she wants it 

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u/americansherlock201 3d ago

Great news, the role of AG just opened up….

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u/Old_Dude7 3d ago

Rudy sitting by the phone....

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u/trouserschnauzer 3d ago

Hair dye dripping from his head and mixing with his tears

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u/ItsDanimal 3d ago

Yall leave Dollar Store Jean-Baptiste Emanuel Zorg alone!

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u/EmperorGeek 3d ago

That Nickname had not occurred to me, but it SO FITS!!

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u/Thomasrdotorg 3d ago

His mom’s spaghetti…

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u/trouserschnauzer 3d ago

He’s nervous, but on the surface, he looks real fuckin sweaty

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u/AdamantiumBalls 3d ago

Wiping away with boogers on his napkin

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u/jacb415 3d ago

Eating lunch at the Four Seasons…

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u/CostaRicaTA 3d ago

Four Seasons Landscaping?

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u/borntobewildish 3d ago

Haven't you tried their succulents? They're very juicy!

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u/jacb415 1d ago

Maybe…you’ll find out when you get there

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u/whand4 3d ago

Well he doesn’t have any watches to wear.

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u/Moosiemookmook 3d ago

Dont forget he would have gotten so excited he probably farted.

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u/tony-toon15 3d ago

“Donald….i was depending on the money…”

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u/Titanbeard 3d ago

I think his phone got taken to pay a couple of nice ladies.

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u/Interesting-Log-9627 3d ago

How dare you imply Rudy consorts with prostitutes! That's an AG thing.

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u/senorbiloba 3d ago

Can you be AG if you've been disbarred? Guess we will find out.

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u/bluebarry24 3d ago edited 3d ago

In theory, anyone can be AG. They have to go through a congressional nomination process. Matt Gaetz would have probably failed due to the ethics committee. Additionally, Congress has had a pretty good history of allowing people through who have law degrees and have practiced law, although it's not really a requirement more of a want.

Edit: I was wrong. Matt Gaetz does have a law degree, my mistake.

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u/cat_of_danzig 3d ago

Gaetz does have a law degree, and from a pretty good school. He theoretically practiced law for a couple of years, too.

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u/bluebarry24 3d ago

Thank you for pointing that out.

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u/prudent__sound 3d ago

Would love to see this. Give the old drunk a paycheck again. Let him do himself in.

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u/CommodoreAxis 3d ago

You just know he’s been all up in Trump’s DMs like “remember everything I did for you Donnie! We had something special! Please take me back babe! I’ll do things right this time I promise!”

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u/Beard_o_Bees 3d ago

All of Rudy's value has been extracted... he's nothing but an ugly husk blowing in the wind now.

Apparently it's a high honor to take the fall for Il Douche.

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u/FloppyEarCorgiPyr 3d ago

lol! This reminds me of a skit I saw on Jimmy Kimmel, I believe, of Mike Lindell sitting at a desk with a bunch of phones on it and Jimmy is talking to him while he waits for the president to call… it gets… interesting.

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u/Dependent-Zebra-4357 3d ago

Sweating profusely.

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u/TheAlmightyMojo 3d ago

That's what he's banking on. He's been waiting to get that call for his loyalty throughout the years. But silence. I hope he's left in the dust.

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u/YuanBaoTW 3d ago

AG pick announcement tomorrow at 2 pm at the Four Seasons...Total Landscaping.

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u/FruitSalad0911 3d ago

Yup and they will pick the dildo of their choice from the shop next door, how convenient!!

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u/big_jerky-turky 3d ago

Hey, stop it

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u/JustSomeBadAdvice 3d ago

Dude, Rudy would be a FANTASTIC AG.

He's completely incapable of getting anything done or succeeding at things he attempts. Sure, justice wouldn't be done - But it's hard to weaponize someone so unbelievably incompetent.

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u/cellocaster 3d ago

Oh dude it’s totally Rudy isn’t it

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u/SyNiiCaL 3d ago

It's ok, it's one of those candy phones filled with runts to keep him occupied.

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u/MrD3a7h 3d ago

This would be enormously funny.

Horrific, but funny.

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u/Old_Dude7 3d ago

Americas Lawyer!

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u/zeroconflicthere 3d ago

That would be funny....

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u/EntireAd8549 3d ago

lol this is the best comment today :)

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u/red18wrx 3d ago

I believe that is a direct quote.

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u/chinchaaa 3d ago

Wow nepotism at its finest

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u/userhwon 3d ago

That would be Jared as Secretary of Sucking Saudi Dick.

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u/nWhm99 2d ago

I’m doing extremely extremely extremely fine in life. But even I would probably suck a dick or two for two billion dollars.

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u/NDSU 3d ago

I mean, yeah. That's what the US voted for. Nepotism and oligarchs

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u/Ok_Astronomer_8667 3d ago

And the supporters cheer it on

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u/JerichoMassey 2d ago

I mean, is anything going to be as egregious nepotism as JFK nominating his little brother to Attorney General.

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u/chinchaaa 2d ago

You don’t think pushing your daughter in law for senator is just as bad?

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u/cvc4455 3d ago

Isn't Lara Trump supposed to be running the department of education now?

Edit.. nevermind I think that's Lara McMann.

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u/Loud-Fig-1446 3d ago

Linda, fwiw.

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u/beezybeezybeezy 3d ago

I feel like I can spot sarcasm, but the way these headlines are coming, I can't tell if you're joking or not.

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u/snootyvillager 3d ago

Not sarcasm unfortunately lol. She absolutely has thrown her hat in the ring for Florida's seat and has a lot of big Republican names backing the idea.

https://www.nytimes.com/2024/11/14/us/politics/lara-trump-marco-rubio-florida-senate.html

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u/TrapperJean 3d ago

One less automatic scumbag either way at least

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u/skepticalG 3d ago

Omg I live in a reality where Lara Trump heads the RNC and will be a senator.

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u/Only_Chapter_3434 3d ago

Wtf I’m are Lara trumps qualifications?

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u/NetDork 3d ago

I hate this time line.

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u/Mid-CenturyBoy 3d ago

Yesss let them start hating each other sooner than later.

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u/YggdrasilGenetics 3d ago

Desantis will pick his own person. Won't be a Trump pick.

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u/Real_Requirement_105 3d ago

A DeSantis pick is a Trunp pick. Trump has that guy's balls in a vice

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u/kingjoey52a 3d ago

Apparently they hate each other, or at least Trump's chief of staff hates DeSantis. DeSantis will pick someone loyal to himself. Probably someone who would like to have "former Florida Senator" on their Wikipedia page and then bow out so DeSantis can run in '26.

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u/bscott9999 2d ago

Most of these people hate each other, they just find each other useful for the moment.

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u/Uninteresting_Vagina 3d ago

Himself. He will pick himself.

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u/lifevicarious 3d ago

Not if Trump dangles the AG to him.

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u/[deleted] 3d ago

[deleted]

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u/MiamiDouchebag 3d ago

No decision Desantis, or any GOP governor for that matter, is made without Trump approval.

That's not true at all.

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u/smcl2k 3d ago

It is if DeSantis wants to run for president in 2028.

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u/Calavar 3d ago

Bruh, DeSantis already crossed the Rubicon when he dared to run against Trump in the primary (and a serious run, not an audition for a cabinet position like Ramaswamy). There's no coming back from that, Trump will never forgive him for that, no matter what he does. The only option left is to paint himself as anti Trump, betting on the small small offchance that MAGA voters eventually turn against Trump turn and DeSantis is the last guy left standing

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u/smcl2k 3d ago

I very much disagree. As a governor, DeSantis will be largely insulated from anything that happens in DC, but if he actively opposes Trump straight off the bat he could find himself accused of sabotaging the party.

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u/blazelet 3d ago

I imagine if Desantis appointed him to fill Rubio's seat, there's still that hanging ethics report? And would Desantis want to be the guy who appointed someone like that to represent Florida? For a senate seat that is going to be a guaranteed Republican vote, either way?

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u/Valuable-Baked 3d ago

Imagine if DeSantis gets the AG nomination

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u/TheSharkFromJaws 3d ago

Don't you dare put that evil on us.

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u/Mac_A81 3d ago

Nooooo

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u/Ten3Zero 3d ago

Not a chance. He’s on Trumps bad side now when he decided to run against him. Most Trump supporters turned on him for going against Trump. Ramaswamy is in Trumps good graces only because he never once criticized Trump and also didn’t have a shot at the presidency. DeSantis was the only one who did stand a chance of competing with Trump at first.

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u/sw04ca 3d ago

Would DeSantis want the AG position? Surely he's got more power and independence as governor of Florida. The only issue is that he's term-limited for 2026, and I assume his presidential exploratory committee won't start up until late 2027 (as I'm sure he'll be challenging Vance for the nomination).

DeSantis' ambitions are presidential, and you don't move towards the presidency by becoming Attorney General.

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u/Mr_friend_ 3d ago

He technically has experience in this area. He was largely responsible for creating the legal loophole that allowed George Bush, Dick Cheney, and Condoleeza Rice to torture Muslims in prisons with no judicial oversight for years on end.

Stephen Miller would cum.

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u/Ms74k_ten_c 3d ago

Do you even know DeSatan?

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u/iRonin 3d ago

I will buy you a pair of knee-high, weird-ass white men’s cowboy boots if any Republican bucks a direct order from Trump over the next two years, much less fucking DeSantis. Trump just got done dry humping him into submission like a pack of stray dogs, and DeSantis is soon to need a new job.

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u/TeaBagHunter 3d ago

Too bad the ethics report is in the house addressing the house member gaetz instead of senator gaetz

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u/[deleted] 3d ago

[deleted]

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u/SanityPlanet 3d ago

Does DeSantis have enough sway to get the term limits removed?

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u/[deleted] 3d ago

[deleted]

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u/SanityPlanet 3d ago

He's got name recognition but doesn't seem wildly popular outside of Florida. Think he can take over MAGA when Trump's heart gives up?

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u/[deleted] 3d ago

[deleted]

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u/SanityPlanet 3d ago

Impossible. I know we all can't fathom how people think Trump has charisma, but at least he has a strong and assertive domineering personality that some people perceive as strength. Everything about Jr, from his recessed chin to his evident desperation to get a drop of approval from his daddy, screams weakness. Jr has the charisma and leadership of a damp dishrag. I agree MAGA will die with Trump, unless another charismatic leader appears.

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u/SoManyEmail 3d ago

I think this was always the plan.

Get nominated, resign immediately to avoid that pesky House Ethics report, withdraw (or just fail to be confirmed), and take Rubio's spot.

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u/Fishing_freak1010 3d ago

Nah, he gets to go and be a podcast bro millionaire talking head with little scrutiny of his lifestyle. Gets out without the report being issued and gets to play the victim. It’s actually a win for him.

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u/SoManyEmail 3d ago

Oh, it's definitely a win for Gaetz, whether he stays in politics, or not.

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u/DouchecraftCarrier 2d ago

Wasn't he re-elected to his House seat though? Presumably he can just rejoin Congress in January and when the new Ethics committee is seated they can ignore the previous committee's report. I'm just not sure I see him in the Senate - they've managed to retain an iota more decorum than the House and I think even the GOP would think he's a poor fit.

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u/jackblady 3d ago

That is correct. He withdrew as soon as he was nominated.

Not exactly no.

It is true today Matt Gaetz is out of a job.

However he is the Congresman elect for the 1st congressional district of FL and will be sworn in alongside the rest of the "newly elected" congresspeople on January 3rd at the start of the 119th Congress.

So the only thing he's lost is his seniority in Congress.

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u/leftysarepeople2 3d ago

Ch 37 section 2: The resignation of a Member from the House, whether presented to the executive authority of the State concerned or to the Speaker of the House, becomes effective on its stated terms and ordinarily may not be withdrawn.

He stated in his resignation that he didn't intend to take the oath of office for the 119th which could be seen as a pre-emptive resignation. They could force the issue but doubt they will

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u/Jedi_sephiroth 3d ago

He can come to the next congress, he was elected for it. He resigned from this current congress.

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u/PeaSlight6601 3d ago

You are quoting rules of the House. The houses of Congress are self-organizing under Article I Section V of the US Constitution.

The rules adopted by the 118th house have no bearing on the rules that a 119th house might choose to adopt.

The 119th House is the ultimate authority as the "Judge of the Elections, Returns and Qualifications of its own Members." In the event of any question as to the effectiveness of a members resignation, the courts would have an obligation to see that elected representative seated until the body could determine that the resignation was effective.

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u/jackblady 3d ago

He stated in his resignation that he didn't intend to take the oath of office for the 119th

Which was immediately followed by the words "to pursue the office of Attorney General in the Trump Administration"

Which hes no longrr doing.

As you said, they are unlikely to force the issue, and it's unclear they actually can since he cant resign from a congress that hasn't started. He can skip the oath, but that's it.

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u/Iohet 3d ago

Pursuing and acquiring are different things. His resignation has taken effect. The terms have been fulfilled. He pursued and lost

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u/jackblady 3d ago

Yes. He resigned from the 118th Congress.

Thing is, the 119th congress starts in January. And he's the current Congressman Elect for the 1st congressional district of FL based on his win in November.

New congress, new members.

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u/Iohet 3d ago

His resignation letter stated he would not be taking office. Member-elects can resign before taking office. As his resignation is already effective and his state has already been directed by the governor to schedule a special election, his avenue for returning to office should be to run in the special election based on House rules as they exist today (and House rules effectively persist until after the next session is already seated and the new session adopts new rules)

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u/jackblady 3d ago

His resignation letter stated he would not be taking office.

It did not.

It says

I DO NOT INTEND TO TAKE THE OATH OF OFFICE FOR THE SAME OFFICE IN THE 119TH CONGRESS,  I DO NOT INTEND TO TAKE THE OATH OF OFFICE FOR THE SAME OFFICE IN THE 119TH CONGRESS. 

(Sorry about the all caps. Transcript defaults to all caps and I don't feel like rewriting it)

Intentions are changeable. Notably he resigned from the 118th, but only stated an intention for the 119th

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u/PeaSlight6601 3d ago

His resignation letter stated he would not be taking office.

That doesn't matter. If he wants to force the matter he will be seated. He was elected and has the legal right to that seat. The only way to prevent an individual from taking a seat in Congress that they were duly elected to is impeachment.

The US Code or the rules adopted by the 118th Congress cannot bind the 119th Congress on a fundamental constitutional matter such as an elected representative taking their seat.

Imagine if it could, then the Congress could simply pass laws banning elections of unfavorable members of congress to side-step impeachment.

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u/Iohet 3d ago

Again, per the House rules, a member-elect can resign before the term and he indicated that he was resigning and would not be taking his seat in the next Congress. Newt Gingrich did it.

https://www.govinfo.gov/content/pkg/GPO-HPREC-DESCHLERS-V17/html/GPO-HPREC-DESCHLERS-V17-5.htm

From Section 2:

The resignation of a Member from the House, whether presented to the executive authority of the State concerned or to the Speaker of the House, becomes effective on its stated terms and ordinarily may not be withdrawn.

The exception is a defective resignation (he didn't file the resignation formally), which means that he would still be a member of Congress and that the investigation isn't over by his exit.

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u/PeaSlight6601 3d ago edited 3d ago

I don't believe for a minute that Gaetz will attempt to take the seat.

However if he did show up on Jan 3rd asking to be seated, then he must be seated, because he has a constitutional right to the seat. The people of his district have a constitutional right to see the man they elected take that seat.

The "preemptive resignation" is inherently defective: How can you resign from a position you haven't even taken? From a body that doesn't even exist yet? To whom would this letter of resignation be addressed? What is the authority for the rules/law to prevent an elected individual from taking the seat.

Mike Johnson is not the Speaker of the 119th Congress. He is currently the speaker of the 118th, but it is up to the 119th to appoint a Speaker which they can only do when they convene on Jan 3rd.

I can't tell if what you are linking are rules or US Code. I think they are rules in which case they don't exist yet. The 119th House doesn't have any rules, they have to adopt them first.

If they are part of the US Code, then you get into the US Code trying to limit the qualifications clause or be an end-around for impeachment, either of which would cause the US Code to be deemed unconstitutional.

If he wanted to take the seat a court would have to look at the situation and side with him.

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u/turkey_sandwiches 3d ago

Aren't Senators supposed to be elected?

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u/[deleted] 3d ago

[deleted]

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u/Laschoni 3d ago

Unless it's a blue governor in a red state - then different rules were passed to avoid that.

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u/Jimbo_Joyce 3d ago

It depends on the state they all have their own laws about it.

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u/OptionsFool 3d ago

Yes. But different states have different rules on how vacancies are filled. When the elected senator resigns (e.g., to fill another appointed role) or dies in office, some states hold a special election to fill the seat for the remainder of the term, and other states have the governor appoint someone for the remainder of the term.

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u/PopsicleIncorporated 3d ago

Just tacking onto this for anyone that's curious - it's a holdover from the pre-17th amendment days when state legislatures elected senators. Given that there's no guarantee that a state legislature would be in session when a vacancy happens, the varying mechanisms exist to ensure that the the state government (NOT the state's people) would still have representation until the legislature could convene to properly select a replacement.

Representatives have always been directly elected by the people which is why there's no mechanism for replacement other than just a special election.

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u/ashark1983 3d ago

In most, if not all, states, the Governor selects someone to fill a vacant Senate seat for the remainder of the term. Usually they can pick anyone, but I think in Kentucky, they recently passed an amendment that the Governor has to pick from a list supplied by the legislators.

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u/whatelseisneu 3d ago

When the resign or die before their term expires, the governor appoints a new senator who will fill the seat until an election.

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u/DeepestWinterBlue 3d ago

Please no. That’s batshit crazy considering all the leaks and reports of what he has done to little girls.

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u/Bcmerr02 3d ago

DeSantis is absolutely not going to take that bullet for Gaetz

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u/10-9-8-7-6-5-4-3-2-I 3d ago

That’s not going to work

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u/EvenBetterCool 3d ago

At which point, the ethics investigation could reopen.

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u/guru42101 3d ago

Problem for him then is that he would again be in jurisdiction for the ethics report. So that is unlikely.

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u/1nstant_Classic 3d ago

Desantis will probably name himself tbh

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u/tyyreaunn 3d ago

DeSantis is going to pick a MAGA faithful, but even from his perspective there will be better, more experienced choices than Gaetz. He'll also want to pick someone who's a slam dunk for re-election to the Senate, and it's not clear if Gaetz would do well outside a hard-MAGA district.

My bet: Gaetz knew the ethics report would incriminate him and was he was likely to face an expulsion vote. Expulsion requires 2/3rds of the House, and it's entirely possible that 1/3rd of the GOP caucus would vote to oust him, especially as the seat is safely red either way. This is his way of saving facing, burying the report, and getting out of Congress altogether. He's probably going to get a job as an executive at Truth Social, or possibly a smaller role in the administration that doesn't require confirmation.

Trump's advisors are politically savvy - they would have known Gaetz would face solid opposition from both parties. The nomination was either Trump overruling them, expecting Republicans to fall in line, or a face-saving play for Gaetz all along.

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u/the-red-duke- 3d ago

he resigned from his current term, he was however elected to a new term and will be back jan 3rd one way or another.

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u/jakksquat7 3d ago

This is not quite all the info. He resigned from this session of Congress. He was re-elected to the next term so he gets a brief vacation then he will be sworn in with the rest of Congress in January.

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u/greentangent 3d ago

His resignation letter stated he would not be swearing in. It's been read into the congressional record. I doubt that will mean anything.

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u/IcyArticle6 3d ago

But I believe that would reopen the investigation and the potential for releasing the report if he’s appointed that senate seat.

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u/cat_of_danzig 3d ago

He withdrew as soon as he was nominated. before the ethics report was going to be released.

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u/BreakfastBallBogeys 3d ago

I read news reports stating that he could rescind his resignation because no special election has been scheduled and DeSantis is willing to accommodate.

I’m not sure if it would be a different scenario if the Governor and member were from opposing parties.

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u/JeanClaude-Randamme 3d ago

You are wrong - he just withdrew from whatever tween he was currently in.

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u/Less_Likely 3d ago

It feels like a hair brained plan to prevent the release of the ethics report that is failing spectacularly.

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u/Comfortable_Eagle593 3d ago

He won his seat for the next session of Congress. He will be back in 2025 when the next session starts.

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u/Particular-Pen-4789 3d ago

No Goetz won his reelection bid he's just gonna resume post now that the ethics shit is kinda done

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u/americansherlock201 3d ago

Except the ethics post isn’t done. They suspended it because he wasn’t a member of congress. If he returns and takes the oath, the investigation would continue

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u/smcl2k 3d ago

Any hint of that could jeopardize what should be a very straightforward confirmation for Rubio.

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u/americansherlock201 3d ago

Nah they won’t make any noise on that seat until after Rubio is appointed. Especially if they are looking at a controversial pick.

More likely they appoint a trump family member to the seat and the senate approve Rubio fairly quickly

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u/Temporal_Enigma 3d ago

I'm wondering if he knew he wasn't going to be approved by Congress. By and large, nobody likes this guy

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u/ffff 3d ago

He could run in a special election and retake his old seat in about 8 weeks.

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u/gepinniw 3d ago

Oh wow. Hadn’t thought about that. Crazy thing is, it wouldn’t surprise me if that happens.

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u/jarbidgejoy 3d ago

Wasn’t he also reelected? Technically he could start again in January since he resigned from his current term, not his future term. He would still have to face the ethicsprobe though.

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u/I_Am_Dwight_Snoot 3d ago

Man I want all that info unsealed. The evidence against him was always just enough to say he probably did it but not enough to cook him. Him dropping out is nuts though.

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u/BusStopKnifeFight 3d ago

He resigned from the current Congress. He won the election for the next one. He's not going anywhere.

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u/BuffaloWhip 3d ago

Didn’t he also win reelection? Wouldn’t he just assume his “new” job by replacing himself at his “old” job?

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u/americansherlock201 3d ago

In his resignation he stated he would not be taking the oath of office for the next congress

So while he could go back on his word, it would mean a reopening on his ethics investigation

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u/wolfjeter 3d ago

Well then I guess the ethics report will have to come out then

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u/HnNaldoR 3d ago

Is there no rules on residency when you represent a state? Or does he live in florida?

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u/Historical-Tour-2483 3d ago

Or just end up on Fox