What’s New
Legal experts have told Newsweek that former Florida Congressman Matt Gaetz could be charged with taking drugs and having sex with a minor.
It follows a House Ethics Committee report alleging that the Republican potentially committed crimes, including statutory rape.
Statutory rape occurs when a person is too young to legally give consent to sex.
The ethics report was released on Monday and revealed that the committee found “substantial evidence that Representative Gaetz violated House rules and other standards of conduct prohibiting prostitution, statutory rape, illicit drug use, impermissible gifts, special favors or privileges, and obstruction of Congress.”
Newsweek sought email comment from Gaetz, President-elect Donald Trump‘s transition team and from Florida governor Ron DeSantis on Tuesday.
Andrew Caballero-Reynolds/Getty Images
Why It Matters
Gaetz and Donald Trump are very close and Gaetz was a major campaigner for Trump in the 2020 election, especially in Florida.
Gaetz resigned from Congress immediately after Trump nominated him as U.S. attorney general.
As controversy continued to swirl, Gaetz withdrew from consideration one week after being nominated.
What To Know
Several lawyers who spoke to Newsweek said that Gaetz could be charged. However, they said senior Republicans will likely block any investigation and prevent charges from being brought forward.
Los Angeles-based attorney, John J. Perlstein, told Newsweek that it would be legally permissible to prosecute Gaetz.
“It is possible for Matt Gaetz to still face criminal charges, as there don’t appear to be statute of limitations issues for the relevant charges,” Perlstein said. “However, the decision to bring charges lies with the two sovereignties involved: the state of Florida and the U.S. federal government.”
“Given the affiliations of those in leadership—Trump’s influence over the federal level and Ron DeSantis at the state level—it seems unlikely that charges would ever be pursued,” he said.
Former federal prosecutor, Neama Rahmani, agreed that political pressure will likely prevent a prosecution.
“It’s possible, but not likely that Gaetz faces criminal charges. We’ve seen indictments result from a Congressional investigation recently, that being the January 6 committee,” he told Newsweek.
“But a prosecution requires a prosecutor who is willing to pursue the case. I don’t think Trump’s Attorney General or appointed U.S. Attorneys will do so.
“And Florida is a red state, so I don’t think the Florida Attorney General or county prosecutors will file this case.”
“If we see criminal charges, the most serious would be sex with minors. Not knowing the minor was underage is not a defense,” he said.
Gaetz may still have a political career within the Republican Party.
He told a Turning Point USA event in Arizona on Sunday that he could be a candidate in the 2026 Florida gubernatorial election or run for the soon-to-be-vacant Florida U.S. Senate seat of Marco Rubio, Trump’s nominee for U.S. secretary of state.
What People Are Saying
Lawyer and legal analyst Joey Jackson agreed that Gaetz likely has political protection from prosecution. Appearing on CNN on Monday, Jackson said that Gaetz “has a ‘get out of jail free’ card…as long as a person in the White House is a person who’s a friend of his, there will be no federal prosecution, much less any charges.”
What Happens Next
If prosecutors do wish to pursue charges, they could rely on evidence gathered for the Ethics Committee report as a starting point, similar to the way that the January 6 Committee’s evidence helped bring charges against those involved in the January 6, 2021 riot at the Capitol.
Gaetz is scheduled to begin hosting The Matt Gaetz Show, a one-hour political talk show on the right-wing One America News Network, beginning at 9 p.m. Eastern Time on January 6, 2025.
