Release the Report on Gaetz

The American people have a right to know what the Ethics Committee learned about the congressman who could be their top law enforcement officer.

AP/J. Scott Applewhite, file
Representative Matt Gaetz at the Capitol, September 22, 2023. AP/J. Scott Applewhite, file

Release the report. That is our response to President Trump’s nomination of Congressman Matt Gaetz to the position of attorney general and his resignation, hours later, from the People’s House. That was in advance of a scheduled vote on Friday of the House Ethics Committee on whether to release its investigation into allegations of sexual misconduct and illicit drug use on the part of the now-erstwhile lawmaker. The feds have eschewed charges. 

It requires no injury to the presumption of innocence to also maintain that the American people have a right to know what has been discovered about the man who could be their top law enforcement official. The allegations relate to sexual activity with an underage girl and the possibility of sexual trafficking, along with violations of House rules. These comprise accepting impermissible gifts and sharing lewd images in the chamber.

Mr. Gaetz has called himself “the most investigated man in the United States Congress,” words that could have sounded like music to Trump’s ears, himself no stranger to attention from G-men. We get that the issue of lawfare is an animating one for the former and future president, who faces four criminal prosecutions. In Mr. Gaetz, he picked a polarizing pugilist who has scant legal experience but is a well-versed thrower of political sharp elbows. 

Just ask Speaker McCarthy. The Constitution, in any event, ordains that the president “by and with the Advice and Consent of the Senate, shall appoint … all other Officers of the United States.” Already, some senators are balking. Senator Murkowski declared that this is not “a serious nomination.” Senator Fetterman predicts that “No one’s going to confirm” Mr. Gaetz. Senator Manchin “can’t even believe” the possibility of an Attorney General Gaetz.

That brings us back to the ethics report. Senator Cornyn “absolutely” wants to read it, and so do we. Senators Collins and Tillis say they expect its findings to emerge. The Democrats are pressing for the report’s release. We get that Mr. Gaetz is no longer within the jurisdiction of the House. That means he no longer enjoys its protections and privileges, like the Speech or Debate clause. The report, though, is already written.

The chairman of the Ethics Committee, Congressman Michael Guest, told reporters Wednesday that “once we lose jurisdiction, there would not be a report that would be issued — that’s not unique to this case.” The report was delayed due to House rules against releasing negative dispatches close to the election. Yet the possibility of one of the executive branch’s high offices being occupied by Mr. Gaetz has now come into focus.

The prosecutions of Trump that have occupied nearly the entirety of his post-presidency are the context to Mr. Gaetz’s nomination. The president-elect, long on the defensive, now chooses an attack dog.  That affects not only Trump, but potentially every American. Justice Robert Jackson noted that the qualities of a good prosecutor are elusive and difficult to define. All the more reason for the Gaetz report to see the light of day before the Senate casts its vote.     


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