Former Rep. Matt Gaetz, R-Fla., on Thursday announced that he would withdraw his name from consideration to be President-elect Donald Trump's attorney general.
Gaetz's path was mired by a series of allegations of sexual misconduct, including sex with a minor at a 2017 party. On Thursday, NBC News learned from a source familiar that the House Ethics Committee, which had been investigating Gaetz, was told that a 17-year-old girl had two sexual encounters with the then-congressman at the party.
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The description of the second encounter was included in her testimony to the House Ethics Committee as well as a deposition in a related civil lawsuit. The second sexual encounter included another adult woman, according to a source familiar.
CNN was the first to report on the new allegations. Gaetz has repeatedly denied allegations of sexual misconduct.
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"It is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition," Gaetz wrote in a post on X on Thursday.
"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. Trump’s DOJ must be in place and ready on Day 1," Gaetz added
In a post on TruthSocial, Trump praised Gaetz and said he had been doing "very well" in the confirmation process.
"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!" the president-elect wrote.
I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback - and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance…
— Matt Gaetz (@mattgaetz) November 21, 2024
"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. Trump’s DOJ must be in place and ready on Day 1," Gaetz added
In a post on TruthSocial, Trump praised Gaetz and said he had been doing "very well" in the confirmation process.
"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!" the president-elect wrote.
Trump did not immediately name another attorney general pick. His spokesperson Karoline Leavitt said the president-elect "remains committed to choosing a leader for the Department of Justice who will strongly defend the Constitution and end the weaponization of our justice system."
Two Trump transition sources with direct knowledge of Gaetz’s decision told NBC News that the former congressman notified the president-elect of this decision Thursday morning. It was Gaetz's decision to opt to withdraw.
At the Justice Department, there was a general sense of relief after Gaetz withdrew his name from consideration, with one official telling NBC News, “Certain events, like the sun chasing away the dark of night, are not surprising, they’re expected. But that doesn’t stop me from being grateful for each sunrise.”
The office added, "I now know what is going to be the first feather on my gratitude handprint turkey this Thanksgiving.”
Another Justice Department official called the move, “such a relief,” before adding, that it’s “hard to imagine [Trump] appointing someone worse. But we will see.”
Trump did not immediately name another attorney general pick. His spokesperson Karoline Leavitt said the president-elect "remains committed to choosing a leader for the Department of Justice who will strongly defend the Constitution and end the weaponization of our justice system."
Two Trump transition sources with direct knowledge of Gaetz’s decision told NBC News that the former congressman notified the president-elect of this decision Thursday morning. It was Gaetz's decision to opt to withdraw.
One of the sources acknowledged that Gaetz's confirmation was always going to be an uphill battle and that Trump is expected to meet “very soon” with a new round of attorney general contenders, with no particular person at the top of the list. It’s unclear what this means for Todd Blanche, who Trump had tapped to be Gaetz’s deputy.
A third source close to Trump tells NBC News that Gaetz's withdrawal was “welcomed” by the transition team, adding that “the [House Ethics] report started to leak out and there was no way for Matt to make it.”
Gaetz, whom Trump named last week as his pick for AG, was also investigated by the Justice Department — the department he would have led if confirmed — related to allegations of sex trafficking and sex with a minor. Gaetz has vehemently denied those allegations and the investigation ended with the Justice Department electing not to charge Gaetz.
He resigned from his position in the House last week, effectively ending the House Ethics Committee investigation into him. The committee had been looking into the allegations against Gaetz on and off since 2021.
Earlier this week, a lawyer for two women who allege that Gaetz paid them for sex detailed some of the testimony they gave to the House Ethics Committee this year, including one who said she witnessed Gaetz having sex with a 17-year-old.
“My clients are relieved to have this chapter behind them and eager to move forward with their lives," the lawyer, Joel Leppard, said Thursday after Gaetz's announcement. "We’re hopeful this brings final closure for all parties involved.”
Committee members met Wednesday to discuss whether to release the report on their investigation but did not come to an agreement.
It’s unclear what the Ethics panel will do now that Gaetz has withdrawn. Its members are meeting again on Dec. 5 when they will further discuss the matter.
At its closed-door July 23 meeting, House Ethics Committee staff told Chairman Michael Guest, R-Miss., that a draft report on its sexual misconduct investigation into Gaetz was far enough along that it could be circulated to all committee members, according to meeting transcripts obtained by NBC News.
Members and staff had gathered that day to depose Gaetz himself but he never showed.
Guest, told reporters that Gaetz’s withdrawal should “end the discussion” for the Ethics Committee on how they “move forward.”
"He is no longer a member of Congress, and so I think that this settles any involvement that the ethics committee should have in any matters involving Mr. Gaetz," Guest said.
Several House Democrats had called for the report to be released publicly. Some Senate Republicans, who would have had to vote on Gaetz’s confirmation, publicly expressed their interest in viewing the report as part of the confirmation process.
Trump and Vice President-elect JD Vance maintained their firm support of Gaetz, with Trump even "heavily working the phones" to drum up support for Gaetz.
Vance had been on Capitol Hill Thursday morning setting up meetings between senators and another controversial pick, Pete Hegseth for defense secretary, but he left the Capitol shortly before Gaetz made his announcement. Hegseth also faces misconduct allegations, which he has denied.
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House Speaker Mike Johnson, R-La., who has opposed the public release of the ethics report on Gaetz, also left the building before the Florida Republican’s news broke; he and the House won’t return until after the Thanksgiving recess.
Senators from both sides of the aisle have expressed skepticism that he would get enough votes to be confirmed.
At least five Senate Republicans — Sens. Mitch McConnell of Kentucky, Lisa Murkowski of Alaska, Susan Collins of Maine, Markwayne Mullin of Oklahoma and Sen-elect John Curtis of Utah — were a "no" on Gaetz and had communicated to other senators and those close to Trump that they were unlikely going to be swayed, according to five people with direct knowledge.
One of the sources told NBC News that at least 20, and as many as 30, Senate Republicans were very uncomfortable about having to vote for Gaetz on the Senate floor. Gaetz could only afford to lose three Republicans in a floor vote, if Vance had cast a tie-breaking vote.
After meeting with Gaetz on Wednesday, Sens. Joni Ernst, R-Iowa, and John Cornyn, R-Texas, told NBC News that the subject of the allegations arose.
Ernst said that Gaetz brought up the allegations himself during their conversation.
“He was very forthcoming, but that’s all I’m going to say because he will go through a very fair confirmation process with Senator Grassley, and I think a lot of this will get flushed out then,” Ernst added. "I’m just reserving judgment.”
Following Gaetz's announcement Thursday, Sen. Susan Collins, R-Maine, told reporters that there were a lot of “red flags” around Gaetz and that withdrawing was the “best decision he could have made.”
“What I think it probably reflects is the meetings that he had yesterday with senators, as they started going through the Judiciary Committee members. I don’t know that for a fact, but I think that he has put country first and I’m pleased with his decision,” Collins added.
Sen. Lindsey Graham, R-S.C., who was publicly supportive of Gaetz being nominated, wrote in a post on X Thursday that, “I respect former Representative Matt Gaetz’s decision to withdraw his name from consideration and appreciate his willingness to serve at the highest level of our government.”
Sen. Markwayne Mullin, R-Okla., told NBC News on Thursday that, "I think it’s a good thing," that Gaetz dropped out of the process. "There was no way. No path forward for him," Mullin added when asked whether he believed there was a way for Gaetz to get confirmed.
Gaetz in his resignation said he would not take oath in new Congress. “I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General in the Trump administration,” he said.
It’s unclear what his decision to pull his name out of consideration for Trump’s Cabinet means for his congressional seat.
This story first appeared on NBCNews.com. More from NBC News:
