HazMatt Gaetz has been referred to the House Ethics Committee on two occasions. The first was in February 2019, when he was accused of witness tampering via inflammatory tweets, but it fizzled because Gaetz refused to cooperate with the Committee. It then went to an ISC (investigative subcommittee) which ultimately dropped the charge but found that he did violate House Rule XXIII, clause 1 because his actions “did not reflect creditably on the House.” It was the mildest of mild findings so it was no surprise that Gaetz just shrugged it off.
The second referral was a much bigger deal. Originally opened in April 2021, the House Ethics Committee investigated a range of allegations including that Gaetz violated sex trafficking laws, shared inappropriate images or videos on the House floor, converted campaign funds to personal use, and accepted a bribe, among other claims. It mirrored a Justice Department investigation that opened under Bill Barr and was itself a spin-off from the Joel Greenberg investigation.
Greenberg kept interesting company and given the depth and diversity of his criminality, it was not surprising that his legal woes would also implicate his closest friends, like these two:
Greenberg pleaded guilty in May 2021 but sentencing was delayed by 18 months during which time he was “cooperating with investigators”, i.e. spilling as much dirt as he could on others including Gaetz.
But then the Gaetz case appeared to fall into a coma. His lawyers claimed he’d only been the subject not the target of a DoJ probe but we only have their say-so. They also claimed the DoJ had closed the case without bringing charges. It’s essential to emphasize at this point that the most significant aspect of that press release is that the statement came from Gaetz’s lawyers, not the Justice Department.
It’s important because corporate media, as they are wont to do, misrepresented the source of the statement at the time which then misled audiences. People really did believe the DoJ had terminated the probe but circumstances indicated this was not the case.
The DoJ operates under the strict rule that they do not discuss open cases, but there are no such strictures regarding closed cases. So if they had closed Gaetz’s case, there was nothing preventing them from responding to the flurry of media inquiries to that effect. But they didn’t. They maintained radio silence. This doesn’t prove that Gaetz is still in legal peril with DoJ but all the arrows are pointing in that direction.
However, it may be that his case has been relegated to an investigative backburner for the time being. After all, the DoJ and FBI have been inundated with over a thousand arrests and court cases arising from Jan 6 2021 alone. That’s a massive increase for any government department and must inevitably force tighter prioritisation of workloads with a larger-than-ever overflow being put on hold.
Meantime, the House Ethics Committee’s investigation came to a standstill when it was deferred at the request of the DoJ. As their final report at the close of the 117th Congress on Jan 2, 2023, explains:
The Committee typically honors such requests, barring unusual circumstances. For one thing, parallel investigations pose the risk of compromising one another. Also, for the most serious criminal violations, only DOJ can pursue a prosecution to seek imprisonment, the most serious possible consequence for a violation of law. Provided that the Committee still retains jurisdiction, a decision by the Committee to defer does not preclude the Committee from continuing its investigation later, regardless of the outcome of the other entity’s investigation.
Of particular note is their power to reactivate a case that has previously been deferred because, in June of this year, they very quietly did just that. The media caught wind of it in July. From CNN’s reporting, July 13:
Investigators from the House Ethics Committee have begun reaching out to witnesses as part of a recently revived investigation into Rep. Matt Gaetz of Florida, focused on allegations that he may have engaged in sexual misconduct, illicit drug use or other misconduct.
At least one witness in Florida told CNN they have spoken to investigators about the Republican congressman in recent weeks about alleged lobbying violations, and sources familiar with the Ethics Committee probe say other witnesses also have been contacted.
In a year that has earned its soubriquet as the Year of Accountability, this was more good news! Yet it quickly fell off the radar. That wasn’t due to the Committee or their investigation, it was because the news cycle found itself on Indictment Freeway!
There was the Florida superseding indictment on July 27 then August burst on the scene with two more indictments for Prisoner #P01135809 starting with DC on the 1st of the month. That was followed by the Georgia indictment on August 14 and from there it was non-stop action.
That effectively put the Ethics Committee probe in the shade but then that’s not a bad place to be. Away from the media glare, the Committee pursued its task unabated uninterrupted and unmentioned.
Until yesterday when this this X post grabbed my attention.
I didn’t know who Jacqui Heinrich was so I sought out her X post.
Well, well. Heinrich is a Fox reporter. Contrary to what I’d usually assume about the reliability of a Murdoch site, I believe this one rates pretty high on the accuracy scale because Fox is a McCarthy supporter and their framing of this story is unabashedly pro-Kev.
There’s also a high probability that the source of the story – and Heinrich’s direct contact – is a Republican member of the Ethics Committee. How do I know? I don’t but the signs are all there.
First, John Cooper is a reliable source who leans all the way left. His trust in Heinrich is a sound testimonial of his confidence in her accuracy. He believes she is not going to risk her position and ambition by breaking a story that has not been verified by someone in the know. The only source she’s going to trust under those circumstances is a member of the Ethics Committee.
Because US House terms are only 2 years, Ethics Committee investigations are not long, drawn-out affairs. They typically last from one to four months with the possibility of up to two extensions if needed.
This investigation has been in the works for more than four months if we take into account the time spent on it in 2021. Therefore, it is not unreasonable to expect it to be in the final report stage and, according to Fox…
One [non-Ethics Committee] member told Fox News the report is mostly written but does not know what it contains. Yet following threats to vacate McCarthy, the member said of Gaetz, “No one can stand him at this point. A smart guy without morals.”
The general belief among House Republicans is that the Ethics Committee’s report and recommendations are due later this week. If true, it would explain Gaetz’s motivation to cause as much disruption for his party as possible, especially if his aim is to deflect a recommendation for his expulsion.
The way to cause maximum disarray? Demolish the leadership – and there’s no surer way to achieve that than by bringing a motion to vacate the Speaker’s Chair. It’s now obvious that Gaetz was preparing this survival manoeuvre back in January when he was in negotiations with McCarthy during Kev’s 15-ballot battle to secure the top job for himself.
It’s also now obvious why Gaetz chose this week to call for vacating the Speaker’s Chair – he knows the Ethics Committee’s report is imminent because it’s normal practice for the Committee to inform a member of their decision before releasing their report. Gaetz had to make his move before that report dropped if he was going to have any chance of using disruption to save himself.
On Monday, Gaetz introduced a motion “declaring the office of Speaker of the House of Representatives to be vacant.” It was followed on Tuesday afternoon with a procedural vote to table (i.e. block) the motion to vacate. McCarthy lost that vote 218–208. In contrast, Gaetz won that vote 218–208.
Then came the actual motion to vacate. McCarthy lost by 216–210.
The Speaker pro tempore is now the de facto leader and he immediately declared a recess to give both parties time to consider their way forward. On the left, the Dems will be enjoying the opportunity for a relaxed get-together after a momentous afternoon.
As for those on the right, they may need several rooms to accommodate all the different factions. They’ve been splintered for a long time but now that Gaetz has poured boiling water into the fracture lines, bigger cracks are appearing and all thanks to Gaetz’s selfish resolve to do whatever it took to save himself.
Now he has the distraction he so desperately wanted to keep a motion to expel him at bay. But it’s only a short-term solution because a new Speaker will be elected and the Ethics Committee will be back on track to present their report and recommendations to the House.
When that happens, this article will be augmented with the latest HazMatt news.
In the meantime, stock up on popcorn!
Gaetz makes me sick , he needs to just go away he’s an Idiot
He’s on his way out, Rita – and we are going to party!
This is the best explanation of Gaetz’s situation that I have read. My understanding that the problem with the DOJ re: Gaetz is that they are unable to secure witness cooperation (other than Greenberg, who’s not exactly a good witness) which would explain why the Ethics Committee would take the case back up. I’m pretty sure the Democrats will supply 212 votes to oust him.
Yes, that’s my understanding too and the lack of strong witnesses is a viable explanation. But even so, no matter how experienced the legal experts are who are pointing this out, they are not the DoJ.
For as long as the DoJ remains silent, there is reason to believe their case against Gaetz is still open. And I believe it’s open because they’ve handed it over to Jack Smith who will jettison the weak aspects and charge him with offences relating to Jan 6 alongside up to 30 of his congressional colleagues.
Don’t rule out young Caulfield either who witnessed the drug-fueled parties. He may already be cooperating with DoJ and Matt Gaetz won’t be the only one he’ll want to get even with for spoiling his chances for re-election.
Yes, ‘tuckedd’, that’s what I’m reading, also. Greenburg is too radioactive, and the victims have been ‘around the block’ so many times they would also fail on cross examination.
Gaetz chose his partners from the cesspool. Convenient, until you realize that’s where he lives. They’re all neighbors!
Great job laying this out. I was thinking along the same lines last night as a continuation of something I’d written about some days back but knew I’d need to research to get some of the specifics you’ve cited and was worn out so I went with a simpler topic for my final article.
However you’ve put in the work and it shows. Gaetz freely admitted after dropping his motion to vacate the chair he didn’t know if he had the votes. That’s why in responding to Murfster I questioned why the hell he’d do it if he wasn’t sure he would prevail. You’ve provided the answer. Thanks for doing so. Gaetz is EXACTLY the kind of “Bannonesque” asshole that would try and burn everything down because he hasn’t gotten what he feels is his “due” from others. It stands to reason he’s a political version of the jilted spouse/lover who says “If I can’t have you no one can” and commits the awful murder/suicide act.
Here’s a question to ponder. You note that Gaetz can short-circuit the ethics process and therefore an expulsion vote by resigning. Rules for both Chambers of Congress get pretty freaking technical/arcane but I’m sure there’s a prescribed procedure one has to go through to formally resign their seat. Say presenting a formal signed and dated resignation letter to the clerk or someone else who formally accepts it and makes it part of the official record. That begs the question of whether said letter of resignation has to be accepted – can they just tear it up or refuse to accept his resignation so the vote on expulsion can proceed? It might be a smart political move to publicly humiliate Gaetz. Were McCarthy and his cohorts to expel him it could provide some badly needed help for endangered GOPers next year.
For me, the process of producing an article like this is akin to thinking aloud – I don’t know where it will end up until I get there. I start with a very general idea – show what Gaetz is up to – but it doesn’t take on specifics until I start writing because that’s when joining-the-dots is happening. I research as I go either because I don’t know what I’m going to need until I need it to connect to the next dot or I want an image or quote to clarify the relationship between two or more dots for the reader.
It also isn’t unusual for me to not know where I’ll end up until I get there. That was the case this time. It suddenly all fell into place when I realised that the failure of Gaetz’s go-to manoeuvre – vacating the speakership – meant that his only remaining way out of the career-shattering consequences of expulsion was resignation. The same happened to Jason Chaffetz – remember him?
He’s already aware that a motion to expel is imminent because the Committee always inform the subject before taking their report and recommendations to the House floor. I don’t know how long they give them – probably only a week or two at most – so Gaetz is only days away from the end of his congressional career. When he didn’t have the votes to pull off vacating the Speakership, he realised that also meant he didn’t have the votes to avoid expulsion if/when that motion came to the floor.
As for the specifics regarding resignation, I admit I hadn’t given any thought to it until you mentioned it. It’s an excellent question so I went looking and immediately found this:
“The Constitution explicitly provides for the resignation of senators, presidents, and vice presidents, but, curiously, it does not say anything about resigning from the House of Representatives.”
I’ll read on later and let you know the answer. Maybe it will make for an interesting short article – what do you think?
If I were McCarthy, I’d advise the committee to tear up the resignation paperwork, and proceed with the vote to expel Gaetz. Good riddance.
It would also serve as a warning to the other kinderkaukus members to wise up and stfu. Wouldn’t that be delightful.
Yes, it would but I suspect they all suffer from learning difficulties.
Calling pizza gaetz a “smart guy” is about the silliest thing I’ve read this morning. That gop pol needs to look at a dictionary and the definition of the word “smart”.
Totally agree!
” “The Constitution explicitly provides for the resignation of senators, presidents, and vice presidents, but, curiously, it does not say anything about resigning from the House of Representatives.”
I’ll read on later and let you know the answer. Maybe it will make for an interesting short article – what do you think?”
Please, please, please get back to us with the answer (preferably, as another article just as well-written as the one above)!
Will do, Janet.
I really hadn’t considered the J6 tie-in. That would be huge and much appreciated. To go after those slimeballs is well overdue. I really like The Year of Accountability. For those who used to say Dems in Disarray, just watch the R-clowns fight each other to the bottom. Yup, more popcorn!!!
I’ve been pushing for this since his troubles began, and after Jan 6th and his begging a pre-pardon, as far as I’m concerned, he is gullty as sin on both counts. At least this is one way to shut him down, though likely nothing will shut him up.
Michelle .. good piece but you should fix or update date posted.
It was not posted on OCT 2 because it has OCT 3 .. eg today’s astounding NEWS IN IT!
It was originally posted on October 2 then I added the latest HazMatt news to it today.
There’s a list. Gaetts, Comey, Greene, Bobo, and Jordan. I know they are ass deep in the insurrection and they are getting their orders from Trump right now. But for the good of the country, bounce Gaetts as soon as possible. I thought there was a little to much acting when the little creep was running his mouth about McCarthy. He was trying to play the victim or some such crap 💩. Toss his ass on the bum heap with Gingrich. Was watching Morning Joe talk about bouncing him. Now he shows up as some kind of expert. Got voted in, got his ass bounced out. He’s got some sort of record on his speaker role to. Fat squeaky voice weirdo.
‘It’s also now obvious why Gaetz chose this week to call for vacating the Speaker’s Chair – he knows the Ethics Committee’s report is imminent …. Gaetz had to make his move before that report dropped if he was going to have any chance of using disruption to save himself.’
This makes sense, but if so I can’t figure out why none of McCarthy’s ‘sidemen’ didn’t reference it while they debated to keep McCarthy as Speaker. Can anyone help on this?