Matt Gaetz resigns from Congress over Trump nod to be attorney general, Johnson says

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Rep. Matt Gaetz, R-Fla., resigned from the House of Representatives on Wednesday, Speaker Mike Johnson, R-La., announced.

Gaetz gave House GOP leaders his resignation notice on the same day President-elect Donald Trump tapped him to be his attorney general, Johnson said.

“I think out of deference to us, he issued his resignation letter effective immediately,” Johnson said. “That caught us by surprise a little bit. But I asked him what the reasoning was, and he said, well, you can’t have too many absences.”

The speaker pointed out that Florida state law gave the governor “about an eight-week period” to fill a House vacancy and that by doing so, “we may be able to fill that seat as early as Jan. 3.”

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Rep. Matt Gaetz, R-Fla., speaks at the Republican Party of Florida Freedom Summit, Nov. 4, 2023, in Kissimmee, Fla.  (AP Photo/Phelan M. Ebenhack)

Johnson said he’s already in contact with Florida Governor Ron DeSantis on the matter.

Speaking with reporters after internal House GOP leadership elections, Johnson said Trump had informed him about his decision to tap Gaetz for the Department of Justice (DOJ) earlier on Wednesday morning.

He’s the third House Republican Trump has tapped for his new administration, after picking Rep. Elise Stefanik, R-N.Y., to be U.S. ambassador to the United Nations and Rep. Mike Waltz, R-Fla., for National Security Adviser (NSA).

Trump’s two earlier selections prompted concerns about thinning out an already-meager likely majority for the House GOP in the 119th Congress.

But Gaetz resigning early likely alleviates some of those concerns.

However, out of the three House members chosen, Gaetz likely faces the highest hurdle to get the job.

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ATLANTA, GEORGIA - OCTOBER 28: Republican presidential nominee, former U.S. President Donald Trump speaks at a campaign rally at McCamish Pavilion on October 28, 2024 in Atlanta, Georgia. Trump is expected to continue visiting battleground states through the week leading up to the Nov. 5th election. (Photo by Anna Moneymaker/Getty Images)

President-elect Trump tapped Gaetz to be his Attorney General (Anna Moneymaker/Getty Images)

The NSA role is not Senate confirmed, and Stefanik’s appointment already received bipartisan praise.

But multiple Republican senators have already signaled they have some heartburn over Gaetz, an outspoken bomb-thrower who was previously under a yearlong DOJ investigation stemming from accusations he had a sexual relationship with a minor. The DOJ ultimately did not press charges.

“He will never get confirmed,” a Republican senator, granted anonymity to speak freely, told Fox News Digital. 

One Senate Republican source simply said, “Ain’t gonna happen,” about the prospect of Gaetz’s confirmation. 

The announcement came during House Republicans’ leadership elections. One lawmaker told Fox News Digital there were “audible gasps” in the room when the news broke.

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AG Garland

The current Attorney General is Merrick Garland. (Getty Images)

When nominating him, however, Trump lauded Gaetz as “a deeply gifted and tenacious attorney” who “will end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department.”

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House GOP leaders including House Majority Leader Steve Scalise, R-La., similarly praised the appointment.

Fox News Digital reached out to Gaetz to confirm his resignation.

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