Can Matt Gaetz return to Congress after failed attorney general bid?

Matt Gaetz shocked Washington on Thursday with his announcement he was dropping out of consideration to be Donald Trump’s Attorney General, as the recently resigned Florida congressman’s bid for confirmation faced serious questions amid sexual misconduct allegations.

Gaetz said in a Thursday statement on X his nomination had become a “needlessly protacted Washington scuffle.”

“I remain fully committed to see that Donald J. Trump is the most successful President in history,” he wrote. “I will forever be honored that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”

The decision may eliminate one big question mark hanging over Gaetz — would he get confirmed in the Senate — but it triggers a whole host of other uncertainties. Namely, can he, and will he, return to Congress?

When Gaetz resigned from his seat last week, he specified he was resigning from his term in the current Congress, the 118th, while announcing he did not intend to assume a seat in January in the 119th, even though he had just won re-election to it earlier this month.

If Gaetz decides he wants to return to Congress, House rules may bar him from retaking his seat, and he may instead have to compete for it again in a special election in Florida, as the U.S. Constitution calls for special elections to fill House vacancies.

One way or another, if Gaetz makes it back to Congress, a cloud of allegations will remain over the Florida attorney.

The Republican left Congress two days before an explosive House Ethics Committee report was slated to be released about him, in which a witness reportedly claimed Gaetz paid her for sex. Gaetz has denied the allegations at issue in the ethics committee inquiry, as well as those related to a Department of Justice sex trafficking probe into Gaetz and his associates. The DOJ did not charge Gaetz with any crimes.

In the wake of the resignation, the ethics panel’s jurisdiction functionally ended, and House members continue to debate whether to release their findings.

If Gaetz returns to the House, the ethics inquiry would regain its jurisdiction, potentially clearing the way for the findings to go public once again.

Neither the Trump administration nor Gaetz have said publicly what future plans might be in store for the Florida Republican, though Gaetz could still serve as a non-cabinet adviser in the Trump administration without going through the full Senate 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,” Trump said in a statement today. “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”