Former Rep. Matt Gaetz withdraws as Trump's attorney general pick

Updated November 21, 2024 at 16:32 PM ET

Former Rep. Matt Gaetz, R-Fla., is withdrawing his candidacy to be President-elect Trump's attorney general, after sex trafficking and drug use allegations threatened to imperil his confirmation.

After meeting with Republican senators to discuss his nomination, Gaetz, a conservative firebrand from Florida and a loyal Trump defender, wrote on social media Thursday that "it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition."

Trump's pick to lead the Department of Justice has faced concern and questions from Republicans all week. His decision to bow out puts some of those to rest.

"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," he continued.

Trump's pick of Gaetz encountered controversy from the start, over allegations that he participated in sex parties, used illegal drugs and had sex with a minor. The FBI investigated these charges beginning in 2021, but the Department of Justice never brought charges.

However, the U.S. House Committee on Ethics conducted its own investigation into the matter, which was set to be released before Gaetz abruptly resigned from the House, effectively derailing the committee's plans. Gaetz has insisted he did nothing wrong, and pointed to the closure of the DOJ case as evidence the charges were without merit.

The ethics committee at a meeting on Wednesday was deadlocked on whether to release their report about a former member.

It's unclear if Gaetz can return to Congress now, since he resigned from the current session but had already been voted into the next session for his district in Florida — or whether Trump will give him another spot in his administration.

"I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General. 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. Matt has a wonderful future, and I look forward to watching all of the great things he will do!" Trump posted on social media after Gaetz dropped out of contention.

Senate Republicans respond and look forward

Republican senators had generally treaded cautiously on Gaetz's slated nomination, but several had said they wanted to see the House Ethics report as part of the confirmation process.

"We all said we were going to let the process to play out," said Sen. James Lankford, R-Okla. "It's played out faster than we thought."

Sen. Richard Blumenthal, a Democrat, told reporters that five to 10 of his Republican colleagues expressed concerns about Gaetz, and "at least probably three to five" were planning to vote against him. Such margins which would have likely sunk Gaetz's nomination in a Senate where Republicans are set to have a narrow 53-seat majority next year.

News of Gaetz's withdrawal broke as senators were shuffling between a vote and lunch meetings.

Maine Republican Sen. Susan Collins, who previously said she "was shocked" by Gaetz's nomination, said by withdrawing, "he put country first," and noted, "certainly there were a lot of red flags."

Sen. Mike Rounds, R-S.D., said he would not second-guess Trump's decision to tap Gaetz, but that the president needed an attorney general that both he and the senate "can have confidence in."

"The president has the right to make the nominations that he sees fit," he said. "But the Senate also has a responsibility for advice and consent. And in this particular case, I think there was advice offered rather than consent."

Sen. Cynthia Lummis, R-Wyo., said there appeared to be "some signals" from Gaetz's meetings with senators that his nomination would be a "major distraction."

"Good on him to recognize that and be self-aware and provide President Trump with an opportunity to choose someone who's equally tenacious about addressing the Department of Justice in its direction…and do it with someone who is going to have fewer headwinds in the Senate," she said.

Sen. Joni Ernst, R-Iowa, told NPR she was "grateful that the president has plenty of time to find a new nominee." Ernst did not elaborate on who may be other options for the nomination.

Asked about who might replace Gaetz as Trump's pick for the attorney general, Sen. Chuck Grassley, the incoming chair of the Senate Judiciary Committee, said he did not "have the slightest idea who they might be."

Sen. Kevin Cramer, R-N.D., kept his reaction to Gaetz's departure short: "Grateful," he said with a smile. "Because we move on."

What happens to the ethics report?

House Ethics Chairman Michael Guest, R-Miss., told CBS News Thursday that Gaetz's withdrawal "should end the discussion of whether or not the Ethics Committee should continue to move forward in this matter."

But the saga may not end there: Democratic Rep. Sean Casten, D-Ill., introduced a measure Wednesday to force a full vote of the House on whether to release the panel's report. Casten said in a statement on Thursday that he stood by the necessity of releasing the report, despite Gaetz's withdrawal from consideration for attorney general.

The question may drop if Gaetz does not return to the House, but his next steps are not clear. In his statement of resignation last week, Gaetz said he did "not intend" to be sworn in to the new Congress beginning in January "to pursue the position of Attorney General in the Trump administration." The Ethics Committee is slated to meet next on Dec. 5.

Joel Leppard, an attorney representing two women who testified before the committee as part of the panel's investigation into Gaetz, said in a statement Thursday: "My clients are relieved to have this chapter behind them and eager to move forward with their lives. We're hopeful this brings final closure for all parties involved."

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