Former Rep. Matt Gaetz, R-Fla., may be done with Congress. But Congress is not done with him. And as President-elect Trump’s pick to serve as Attorney General, Gaetz is apparently not done with Congress, either.
Gaetz negotiated with Mr. Trump to become Attorney General on a flight to Florida – just hours after the incoming President spoke to House Republicans in Washington last week. Mr. Trump then made Gaetz his pick and the Florida Republican resigned.
What wasn’t known at the time was that the House Ethics Committee was on the precipice of releasing a report investigating allegations of “sexual misconduct” and “illicit drug use” by Gaetz. Gaetz stopped cooperating with the House investigation over the summer. The FBI probed Gaetz for years – but dropped its inquiry in February.
The Ethics Committee dashed a planned meeting where it likely would have published information about its inquest regarding Gaetz on Friday. But since Gaetz is no longer a Member of Congress, the committee supposedly is powerless to act.
THE HITCHHIKER’S GUIDE TO POTENTIALLY RELEASING THE ETHICS COMMITTEE REPORT ON GAETZ
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With Rep. Matt Gaetz, R-Fla., named President-elect Trump’s unlikely pick for Attorney General, a glaring question looms ahead: what will become of the Ethics Committee’s report on alleged improprieties by the congressman?(Mario Tama/Getty Images)
House Ethics Committee Chairman Michael Guest, R-Miss., said the following on Wednesday when asked about the Gaetz probe – but before the Florida Republican resigned.
“Once the investigation is complete, then a report will be issued – assuming that at that time, that Mr. Gaetz is still a Member of Congress. If Mr. Gaetz were to resign because he is taking a position with the administration as the Attorney General then the Ethics Committee loses jurisdiction at that point. Once we lose jurisdiction, there would not be a report that would be issued. That’s not unique to this case,” said Guest.
Other Ethics Committee members tried to sidestep discussion of Gaetz.
“I’m not making any comments on that. I’m on the Ethics Committee so I’m staying clear of that,” said Rep. John Rutherford, R-Fla.
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“Can you still release the report?” asked Rachel Scott of ABC.
A NARROW MARGIN: TRUMP TAPS HOUSE REPUBLICANS FOR HIS SECOND ADMINISTRATION
That is generally how the House Ethics Committee rolls when it comes to outstanding investigations involving former Members.
But it is not a hard and fast rule.
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Fox has found that the Ethics Committee released the information on its probe into potential influence peddling by the late Rep. John Murtha, D-Penn., after his death in 2010.
The House Ethics Committee has reportedly released its findings on former Reps. John Murtha, D-Penn., and Bill Boner, D-Tenn., after their departures from office.(Scott J. Ferrell/Congressional Quarterly/Getty Images | CQ Roll Call via Getty Images)
The Ethics Committee also released a 699-page report on former Rep. Bill Boner, D-Tenn., after he left office in 1987. The committee found that Boner used campaign funds to travel to Hong Kong and may have used his office to influence a defense contractor.
The Ethics Committee investigated former Rep. Mark Foley, R-Fla., after he was caught sending inappropriate messages to House pages in 2006. Foley abruptly resigned from the House. But the ethics panel hauled in a host of bipartisan Congressional leaders for closed door depositions to determine what they may have known about Foley’s activities.
That said, there is a way on the floor to dislodge an Ethics Committee report.
WHAT HAPPENS TO THE GAETZ HOUSE ETHICS REPORT?
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There is a mechanism called “question of privileges of the House.” A lawmaker could take the floor under this procedure, making the argument that keeping the Gaetz ethics report under wraps impugns the dignity and integrity of the House. The House would be required to vote on such a motion. If successful on the floor, the ethics panel could be compelled to release the report.
Yours truly asked House Minority Leader Hakeem Jeffries, D-N.Y., if Democrats might try to dislodge the Gaetz report from the Ethics Committee.
Pergram: “Could you envision a scenario where Democrats try to somehow dislodge this ethics report through a parliamentary maneuver?”
I asked House Minority Leader Hakeem Jeffries, D-N.Y., if his party planned on finding a way to dislodge the Gaetz report from the Ethics Committee.(Drew Angerer/Getty Images)
Jeffries: “The Ethics Committee is an incredibly bipartisan committee. It’s the only committee in the Congress that is evenly divided. And it has a long history of having principled individuals on it. And I defer at this moment to whatever course they decide to take. And I hope they take a course that is bipartisan.”
The Senate Judiciary Committee will study the credentials of Gaetz, run background checks and ultimately hold a confirmation hearing before voting the nomination to the floor for a vote. It could also block the nomination as well.
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Senate Majority Whip and Judiciary Committee Chairman Dick Durbin, D-Ill., formally asked the House Ethics Committee to send over the report as it reviews the fitness of Gaetz for the job.
MATT GAETZ’S NOMINATION ROCKS CAPITOL HILL
“The sequence and timing of Mr. Gaetz’s resignation from the House raises serious questions about the contents of the House Ethics Committee report,” said Durbin. “This information could be relevant to the question of Mr. Gaetz’s confirmation as the next Attorney General of the United States and our Constitutional responsibility to advise and consent.”
Democrats weren’t the only ones trying to pry loose the report.
“I think there should not be any limitation on the Senate Judiciary Committee’s investigation, including, whatever the House Ethics Committee generated,” said Sen. John Cornyn, R-Texas.
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Sen. John Cornyn, R-Texas, seems keen to unearth the Gaetz report’s findings, saying there should “not be any limitation” on what the Senate Judiciary Committee can investigate.(Reuters)
Rep. Glenn Ivey, D-Md., serves on the Ethics Committee. He hinted that the panel should consider dispatching the report to the Senate.
“I think the Senate certainly had a right to request it. I can’t talk about our internal deliberations. But the information that they’ve requested, I think it’s totally reasonable,” said Ivey. “In fact, I think it’s essential for them to get that kind of information before they make a decision.”
On Friday, Johnson noted that he “doesn’t control the Ethics Committee.”
THE HITCHHIKER’S GUIDE TO THE MEANING OF A REPUBLICAN SENATE – AND WHAT’S AHEAD FOR THE HOUSE
But Johnson went further than he had before about his views on releasing the report.
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“We should stick to the tradition of not releasing a report on a former Member of the House because it would open a dangerous Pandora’s box,” said Johnson.
Johnson reaffirmed that during an appearance on Fox News Sunday when asked about releasing the report.
House Speaker Mike Johnson, R-La., cautioned against releasing the Ethics Committee’s findings, citing precedent and the potential opening of a “dangerous Pandora’s Box.”(Getty Images)
“I think this would be a breach of protocol that could be dangerous for us going forward in the future,” said the Speaker.
It’s possible the Senate Judiciary Committee could subpoena the report from the Ethics Committee. And as suggested earlier, there is a way to dislodge the report from the panel via a vote on the House floor. Such a scenario would put a lot of Republicans in a tough spot. They may fear that voting to release the report could put them on the wrong side of incoming President Trump. That’s to say nothing of the prospective Attorney General.
But Gaetz isn’t liked by his former House colleagues. In fact, some Republicans may have more disdain for the former Florida Congressman than Democrats. That’s partly because it was Gaetz who single-handedly triggered a vote last year to remove former House Speaker Kevin McCarthy, R-Calif. That maneuver pitched the House into three weeks of chaos.
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Gaetz is no longer a Member of the House. But that doesn’t matter. The fight over the ethics report is just getting started. And that’s spurring just as much pandemonium as if Gaetz were still a Member.
Chad Pergram currently serves as a senior congressional correspondent for FOX News Channel (FNC). He joined the network in September 2007 and is based out of Washington, D.C.
credibility issues, it would not rely exclusively on information provided by Mr. Greenberg in
making any findings.
Shortly after DOJ withdrew its deferral request and the Committee reauthorized its review,
the Committee sent DOJ a request for information. After three months without a response despite
repeated follow up, the Committee submitted FOIA requests to several relevant DOJ offices, which
to date have not been adequately processed.6 The Committee continued to reach out to DOJ
throughout 2023, having still not received a substantive response to its request for information.
On January 12, 2024, the Committee received its first correspondence from DOJ on the matter. At
that time, DOJ provided no substantive response or explanation for its delay; instead, DOJ simply
stated that it “do[es] not provide non-public information about law enforcement investigations that
do not result in charges.”7 This “policy” is, however, inconsistent with DOJ’s historical conduct
with respect to the Committee and its unique role in upholding the integrity of the House. 8
Thereafter, the Committee determined to issue a subpoena to DOJ to obtain records relating
to its investigation of Representative Gaetz. DOJ did not comply with the subpoena by the date
required, but suggested it remained “committed to good-faith engagement with the Committee.”
In the spirit of cooperation, the Committee provided a list of specific responsive documents, setting
999
6 The U.S. Attorney’s Office affirmatively declined the Committee’s FOIA request as “categorically exempt from
disclosure.” However, the reasons cited for not disclosing responsive records are not applicable to the Committee’s
request it did not consider the special access granted to Congress pursuant to 5 U.S.C. § 522(8)(d) (stating that
FOIA “is not an authority to withhold information from Congress” even when an exemption may otherwise be
implicated), nor did it consider the overriding public interest exception, which has been applied to information that
would inform the public about proven violations of public trust (see, e.g., Columbia Packing Co., Inc v. Department
of Agriculture, 564 F.3d 495, 499 (1st Cir. 1977) (federal employees found guilty of accepting bribes);
Congressional News Syndicate v. Department of Justice, 438 F. Supp. 538, 544 (D.D.C. 1977) (misconduct by
White House staffers)).
7
8
Letter from U.S. Attorney’s Office, U.S. Department of Justice, to Chairman Michael Guest and Ranking Member
Susan Wild, Committee on Ethics (Jan. 12, 2024).
Comm. on Ethics, In the Matter of Representative Don Young, H. Rept. 113-487, 113th Cong., 2d Sess. (2014)
(hereinafter Young) (discussing information and documents provided to the Committee by DOJ relating to a Federal
Bureau of Investigation (FBI) investigation of Representative Young); Comm. on Standards of Official Conduct, In
the Matter of Representative James McDermott, H. Rept. 109-732, 109th Cong., 2d Sess. 5 (2006) (hereinafter
McDermott) (noting that the investigative subcommittee requested and obtained documents from DOJ regarding its
investigation of the matter); Comm. on Standards of Official Conduct, In the Matter of Representative Jay Kim, H.
Rept. 105-797, 105th Cong., 2d Sess. 79 (1998) (noting the FBI provided “valuable assistance to the Investigative
Subcommittee throughout its inquiry.”); Comm. on Standards of Official Conduct, Investigation Pursuant to House
Resolution 12 Concerning Alleged Illicit Use or Distribution of Drugs by Members, Officers, or Employees of the
House, H. Rept. 98-559, 98th Cong., 1 st Sess. 21 (1983) (“the Special Counsel and the Attorney General entered
into an agreement whereby the Department was to provide the Committee non-privileged results of the
Department’s drug investigation, provided that access to the material was restricted to certain named individuals and
that certain security precautions were taken.”); Comm. on Standards of Official Conduct, In the Matter of
Representative Raymond F. Lederer, H. Rept. 97-110,97th Cong., 1 st Sess. (1981); Comm. on Standards of Official
Conduct, In the Matter of Representative Michael J. Myers, H. Rept. 96-1387, 96th Cong., 2d Sess. (1980); Comm.
on Standards of Official Conduct, In the Matter of Representative John W. Jenrette, Jr., H. Rept. 96-1537, 96th
Cong., 2d Sess. 2 (1980) (noting the Special Counsel and DOJ entered into an agreement “covering the receipt of
confidential information in respect to the investigation” into a Member who was a subject of DOJ investigations
known as ABSCAM).
9 Letter from U.S. Attorney’s Office, U.S. Department of Justice, to Chairman Michael Guest and Ranking Member
Susan Wild, Committee on Ethics (Feb. 13, 2024).
5
Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.
France’s new prime minister François Bayrou has selected Eric Lombard, head of state-backed financial group Caisse des Dépôts, as finance minister, handing him the key role of trying to enact a budget for next year.
Lombard will be tasked with coming up with a tax and spending plan for 2025 that can be approved by France’s raucous hung parliament, while also starting to repair’s the country’s degraded public finances.
Bayrou’s predecessor, Michel Barnier, was ousted by the national assembly in a vote of no confidence earlier this month because of opposition from leftwing and far-right political parties to his deficit-cutting budget.
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Members of Bayrou’s cabinet were unveiled on Monday night after days of wrangling between him and President Emmanuel Macron, who officially names the ministers after recommendations from the premier.
Macron and Bayrou are under pressure to end political turmoil in France by creating a government that can survive and pass key measures in the divided parliament.
France is on its fourth prime minister this year, an unprecedented level of churn in France’s Fifth Republic, which was founded in 1958.
Barnier’s administration only lasted three months, making him the shortest-serving head of government.
Far-right leader Marine Le Pen, who played a decisive role in removing Barnier, is likely to have a big influence on whether Bayrou can succeed since her Rassemblement National party is the biggest in the National Assembly.
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Brussels and financial markets have been scrutinising France to see if it can begin to reduce its deficit, which ballooned to about 6 per cent of national output this year, far above the EU limit of 3 per cent.
Bayrou, who leads the small MoDem party that has been allied with Macron’s centrist bloc in parliament since 2017, does not have enough votes to pass a budget.
If Bayrou seeks to override lawmakers and invoke a clause in France’s constitution to pass the budget, as Barnier did, he will be vulnerable to another no-confidence vote.
A stop-gap emergency budget was approved by parliament last week to avoid a shutdown of government services in January.
Lombard, a 66-year-old former banker, has since 2017 led Caisse des Dépôts, which makes long-term investments in public housing, infrastructure and green projects.
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On defence and international diplomacy, which are considered the domain of the president and not the prime minister, Macron has chosen continuity by keeping on loyalist Sébastien Lecornu as minister of the armies and Jean-Noël Barrot as minister of foreign affairs. Both served in Barnier’s government.
Bruno Retailleau, a rightwinger who made his mark as interior minister with tough talk on immigration and crime in Barnier’s administration, has also been retained in his existing brief.
Former premier Élisabeth Borne, also from Macron’s centrist camp, will return as education minister.
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Luigi Mangione, the 26-year-old accused of killing UnitedHealthcare CEO Brian Thompson, has pleaded not guilty to all 11 charges in New York.
Mangione is accused of killing Thomspon outside a Manhattan hotel on December 4. Police arrested him on December 9 in Altoona, Pennsylvania after they received a tip he was eating a meal inside a McDonald’s.
Here’s what’s next for Mangione as he faces charges at the federal level and in two states:
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Luigi Mangione is escorted to his New York arraignment on December 23. The 26-year-old pleaded not guilty to the 11 charges he faces in the state (REUTERS)
Court appearances so far
Mangione’s first court appearance was an arraignment in Pennsylvania on December 10, one day after he was arrested in the town of Altoona. Police detained him after receiving a tip he was eating at a McDonald’s.
Mangione struggled with police and shouted to reporters standing nearby as he was escorted into his first hearing.
“It’s completely out of touch and an insult to the intelligence of the American people and their lived experience,” he yelled.
Luigi Mangione arrives at Pennsylvania courthouse
Then, on December 19, Mangione was flown from Pennsylvania to New York after waiving his right to an extradition hearing. Several heavily armed NYPD officers, alongside New York City Mayor Eric Adams, escorted Mangione.
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Mangione appeared in the New York State Supreme Court on December 23 for an arraignment hearing, pleading not guilty to the 11 charges he faces in the state, including first-degree murder in furtherance of terrorism, second-degree murder in furtherance of terrorism and multiple weapons offenses.
Demonstrators gathered outside the courthouse in support of Mangione. Many held signs decrying the insurance industry, with phrases such as “Health over wealth”, and “UHC kills, death by denials.” Others supported Mangione with signs that read, “Free Luigi.”
A demonstrator holds a sign that reads, “Free Luigi” as Mangione is arraigned in New York City (REUTERS)
What has Mangione been charged with?
In New York, Mangione faces 11 charges. Prosecutors have hit him with first-degree murder, which they describe as an “act of terrorism”; second-degree murder as a crime of terrorism; second-degree murder; second-degree criminal possession of a forged instrument; and several counts related to weapon possession.
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At the federal level, prosecutors charged Mangione with two counts of interstate stalking, one count of murder through use of a firearm and one count of using a firearm silencer during a violent crime. Prosecutors said the state and federal two cases will run on parallel tracks, and that the New York charges will likely go to trial first.
In response, Mangione’s attorney Karen Agnifilo condemned the federal charges.
“The federal government’s reported decision to pile on top of an already overcharged first-degree murder and state terror case is highly unusual and raises serious constitutional and statutory double jeopardy concerns,” she said in a statement. “We are ready to fight these charges in whatever court they are brought.”
However, the Supreme Court in 2019 upheld a longstanding constitutional rule that allows state and federal governments to prosecute someone for the same crime, according to the Associated Press.
While New York abolished the death penalty in 2007, Mangione could still face capital punishment in the federal case.
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In Pennsylvania, he faces charges related to officials’ alleged discovery of a 3D-printed gun and fake ID cards in his possession when he was arrested. Police also say they found a silencer, a 262-word manifesto and a spiral notebook containing a “to-do list”.
However, these charges likely won’t be addressed until after the New York case is resolved.
Luigi Mangione sits in a New York courtroom for an arraignment hearing on December 23 (POOL/AFP via Getty Images)
Where is Mangione being held?
Mangione is being held without bail in the Metropolitan Detention Center in Brooklyn, New York. There, several other high-profile people are incarcerated, including former head of FTX Sam Bankman-Fried and Sean “Diddy” Combs, the rapper accused of sex trafficking and other crimes.
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Jeffrey Epstein and Ghislaine Maxwell were also once held at the prison.
The notorious Brooklyn facility, the only federal lockup in the city, has been variously described as “hell on earth” and an “ongoing tragedy” because of deplorable conditions, rampant violence, dysfunction and multiple deaths, according to the Associated Press.
The federal Bureau of Prisons has said it is increasing staffing to make up for staggering shortfalls, but conditions have been so stark at the jail, which houses about 1,100 inmates, that some judges have refused to send people there.
When is Mangione’s next court date?
Mangione is set to appear in federal court on January 18. He could return to court for a bail hearing or for a preliminary hearing if prosecutors don’t get a grand jury indictment by mid-January, the Associated Press reports.
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His next scheduled appearance in New York is set for February 21.
What prosecutors and Mangione’s attorneys have said
Manhattan District Attorney Alvin Bragg called Thompson’s murder “frightening” and “well planned.”
“This was a killing that was intended to evoke terror and we’ve seen that reaction,” Bragg said last week. “This was not an ordinary killing. Not to suggest that any killing is ordinary, but this was extraordinary.”
Acting US Attorney Edward Kim issued a statement claiming Thompson was killed in “cold blood” as the Justice Department announced the federal charges against Mangione.
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Manhattan District Attorney Alvin Bragg speaks at a press conference to announce the charges against Mangione (REUTERS)
“Brian Thompson was gunned down in cold blood as he walked down a street in midtown Manhattan,” Kim said. “Thompson was allegedly killed just because he held the position of chief executive officer of a health insurance company.”
“As alleged, Luigi Mangione traveled to New York to stalk and shoot Thompson in broad daylight in front of a Manhattan hotel, all in a grossly misguided attempt to broadcast Mangione’s views across the country,” he continued. “But this wasn’t a debate, it was murder, and Mangione now faces federal charges.”
Agnifilo told New York Judge Gregory Carro at the December 23 arraignment that she was concerned about getting her client a fair trial. She cited Adams’s presence among the several heavily armed officials who escorted Mangione as he was flown in from Pennsylvania.
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NYPD officers and New York City Mayor Eric Adams escort Luigi Mangione (Copyright 2024 The Associated Press. All rights reserved.)
“They are literally treating him like he is some sort of political fodder, like some sort of spectacle,” Agnifilo said in court. “He was on display for everyone to see in the biggest stage perp walk I’ve ever seen in my career, it was absolutely unnecessary. He’s been cooperative with law enforcement…There was no reason for the NYPD and everybody to have these big assault rifles.”
“It was perfectly choreographed, and what was the New York City Mayor doing at this press conference, your honor? That just made it utterly political,” she continued.
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