Can Matt Gaetz return to Congress after withdrawing as AG pick?
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(WASHINGTON) — Former Florida Rep. Matt Gaetz withdrew his bid to serve as attorney general in the next Trump administration, but the question remains: can he go back to his old job as a member of Congress?
Gaetz, for his part, has only expressed an intent not to take the oath of office for the 119th Congress — which begins on Jan. 3, 2024 and for which Gaetz won reelection. He cannot preemptively resign from a session of Congress that has not yet convened or that he has not taken an oath to serve — that means he is still eligible to serve in the 119th although he cannot under any circumstances withdraw his resignation from the 118th to return to the lame duck session, according to House rules.
The House clerk read a resignation letter from Gaetz on Nov. 14 — after President-elect Donald Trump named his as his attorney general pick — which read: “I hereby resign as a United States representative for Florida’s first congressional district, effective immediately. And 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.”
The rules of the House of Representatives mandates that at the beginning of the first session of Congress, members must make their presence known to occupy their seat. The rule reads: “House Rules 2. (a): At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system.”
If Gaetz or another member does not report to the Capitol to record their presence, that district’s seat will be designated vacant.
The House rules have very few further specifics. ABC News has an inquiry out to the Office of the Clerk for additional guidance.
And Florida’s own election laws seem vague on the issue.
Florida elections official Paul Lux, the Okaloosa County Supervisor of Elections, which is within Gaetz’s district, told ABC News that he anticipates that the primary for the special election to fill Gaetz’s seat once he announced his plans to resign would likely be sometime in February, and the general election would likely be in April — though he stressed nothing is final until the official dates come out of Florida Gov. Ron DeSantis’ office.
DeSantis, for his part, has yet to formally set a date for that special election.
ABC News has reached out to the Division of Elections in the Florida Department of State to inquire whether the language in Gaetz’s letter triggers any sort of automatic vacancy or if there is anything within Florida law that bars him from returning to the 119th Congress. Some Republicans in the district have already declared their intent to run, though one candidate, Joel Rudman, said he would support Gaetz if he wanted to return to Congress.
Jabin Botsford/The Washington Post via Getty Images
(WASHINGTON) — President-elect Donald Trump is set to take office in January with a razor-thin GOP majority in the House of Representatives that offers Republicans barely any margin of error.
Overnight Wednesday, one of two outstanding races in California tipped toward Democrats, giving Adam Gray a roughly 182-vote lead over GOP Rep. John Duarte in the inland 13th Congressional District in the San Joaquin Valley. In California’s 45th Congressional District, anchored in Orange and Los Angeles Counties, Democrat Derek Tran has a roughly 600-vote lead over Republican Rep. Michelle Steel.
In Iowa, GOP Rep. Mariannette Miller-Meeks up by 800 votes in Iowa’s 2nd Congressional District.
If these results hold, the House will start with a 220-215 GOP majority, even thinner than the current Congress’ margin.
Republican ranks, however, drop to 219 with former Rep. Matt Gaetz’s resignation. It could fall further to 217 depending on the timing of the resignations of Reps. Elise Stefanik, R-N.Y., and Mike Waltz, R-Fla., who are set to join the Trump administration as U.S. ambassador to United Nations and national security adviser, respectively.
That would send the chamber to a 217-215 margin — essentially a one-seat majority in votes where Democrats stick together in opposition and a historically sliver advantage.
Speaker Mike Johnson, R-La., has pleaded with Trump to avoid taking any more House members for his administration.
“It’s a great problem to have,” Johnson said on Fox News earlier this month. “We have an embarrassment of riches in the House Republican Congress. Lots of talented people who are very attuned to the America First agenda, and they can serve the country well in other capacities.”
“But I’ve told President Trump, enough already, give me some relief. I have to maintain this majority. And he understands that, of course, we’ve been talking about it almost hourly every day,” he added.
Already, Republicans have dealt with chaos in the current Congress.
Bands of hardline members have grown just large enough to block votes on bills, moves that were once viewed as beyond the pale within the halls of Congress. And, unforgettably, Republican divisions left the House without a speaker for days, both at the beginning when Kevin McCarthy was looking to get the requisite support and again after he gave up the gavel and members were torn for days before coalescing behind Johnson.
Heading into the current Congress, Republicans have sought to grease the skids a little bit more to try to avoid such public brawls from happening in the future.
Republicans agreed to raise the number of lawmakers needed to trigger a vote to oust a speaker from one to nine. In return, lawmakers who oppose proposals to allow votes on bills will not face retaliation.
But with such a narrow margin, any one Republican could and throw the floor into chaos and block the party-line passage of key bills.
One of the largest legislative items up for business is an extension of the 2017 tax cuts that Trump pushed during his first term. They’re set to expire next year, and Republicans have hoped to extend them — but 12 House Republicans voted against the 2017 GOP tax law, which only passed thanks to a larger majority at the time.
In 2017, when Republicans passed a rewrite of the tax code during the first Trump administration, 12 House Republicans — part of a larger majority at the time — voted against the bill, but did not prevent its passage.
Republicans began the 118th Congress in 2023 with 222 seats — a 10-seat margin over 212 Democrats — a majority that spent weeks in the winter selecting a House speaker, and a chunk of the fall selecting a replacement.
A few illnesses, special election surprises, or absences could also disrupt Republicans’ careful balancing act.
In 1917, Republicans held the narrowest majority in history with a 215-213 edge over Democrats. But a group of minor party lawmakers worked with the minority to elect a speaker, delivering the chamber to Democrats, according to Pew.
(WASHINGTON) — Pete Hegseth’s attorney has threatened legal action against a woman who accused President-elect Donald Trump’s selection for defense secretary of sexual assault — if she repeats what he calls “false” claims and his client ultimately fails to get confirmed.
Tim Parlatore said in an interview on CNN Thursday night that a confidentiality agreement covering both her and Hegseth, part of a 2020 settlement with the former Fox News host, is no longer in effect, and that the unidentified woman, who filed a police report in 2017 alleging Hegseth sexually assaulted her in a hotel, is now free to speak publicly about the case.
However, Parlatore said he would consider a lawsuit against the woman for civil extortion or defamation if she made what he called false claims that jeopardized his client’s future in the Trump administration or “his future employment opportunities.”
“If she doesn’t tell the truth, if she repeats these false statements, then she will be subject to a defamation lawsuit. But now that she — and she’s well aware of that, her attorney was well aware that because of the breach of the agreement that is no longer in any force, in effect, she is free to speak if she wants,” the attorney said.
Connecticut Democratic Sen. Richard Blumenthal, a member of the Senate Armed Services Committee that would hold Hegseth’s confirmation hearings, told CNN Thursday that the threat to potentially sue Hegseth’s accuser is meant to intimidate her and is “reprehensible.”
“What they’re doing, essentially, is threatening or intimidating a potential witness,” he said.
Details of her allegations about the October 2017 incident were compiled in a Monterey Police Department report released last month. At the time, the woman told investigators that she encountered Hegseth at an event afterparty at a California hotel where both had been drinking.
The woman claimed she did not recall how she ended up in Hegseth’s room later and said he sexually assaulted her, according to the report. Hegseth “took her phone from her hands” and, when she attempted to leave, “blocked the door with his body,” according to what she told investigators.
Hegseth told investigators the sexual encounter was consensual. No charges were brought. However in December 2020, Hegseth paid the woman an undisclosed sum as part of a settlement because he feared his career would suffer if her allegations were made public, according to Parlatore.
Hegseth has repeatedly reiterated that he was not charged and has denied the assault allegations.
He has come under heavy fire over the last few weeks over news reports about the incident and other allegations of heavy drinking, mismanagement, extramarital affairs and other controversies.
Trump has stood by his selection and Hegseth has dismissed questions about whether he would withdraw.
Democrats for years have struggled with working-class, populist voters, ceding precious political territory to Republicans. This year, a slate of congressional races could help reverse the tide — or intensify it, even beyond Election Day.
Democratic lawmakers like Sens. Sherrod Brown of Ohio and Jon Tester of Montana, and Reps. Jared Golden of Maine, Mary Peltola of Alaska and Marie Gluesenkamp of Washington, represent working-class areas who are running tough reelection campaigns this year. With Republicans’ tissue-thin House majority and Democrats’ one-seat Senate majority, their races are among those at the heart of both parties’ paths to congressional control.
But with Republicans cleaning up with working-class voters and Democrats featuring fewer and fewer national leaders with brands that appeal to them, keeping those remaining lawmakers in office is also crucial to the party’s hopes of maintaining a bench of national spokespeople in the long-term fight over blue-collar populism.
Populist fervor among working-class voters is “definitely a major driving force,” said John LaBombard, a former Senate aide to red-state Democrats. “I tend to think that my party has at times been slow on the uptake in terms of what a winning message and a winning candidate means to working-class voters, and as a result of factors both in our control and out of our control, to a degree, we’ve been losing that fight big time.”
LaBombard emphasized “the importance of having go-to figures in the national party where those folks can stay to their constituents, ‘we’re not just another national Democrat. We understand working people. We understand and can speak to these issues.’ And it helps the Democratic Party to be a bigger tent and be more appealing and less toxic to winnable voters.”
Democrats have been on their back foot with white voters without college degrees since former President Donald Trump burst onto the political scene in 2015, using his brash brand of politics to appeal to voters frustrated with a government they felt had left them behind. That slippage, Democrats fear and polls suggest, is expanding with Black and Latino voters without a college degree.
(WASHINGTON) — Voters without college degrees are far from the only sought-after demographic — Vice President Kamala Harris is also working to gin up support among women and seniors with appeals to issues like abortion and entitlements, and Trump is working to expand backing from younger men, leaning on male-oriented podcasts to underscore a bravado his campaign believes is appealing.
But voters without college degrees are particularly coveted as one of the anchors of today’s politics. And they lean toward Republicans — backing Trump by a 50-48 margin in 2020 but a 53-42 margin in a recent New York Times/Siena College poll — risking Democrats’ path to the White House and congressional majorities this year.
“It’s the biggest engine that there is in Republican politics, and it is the biggest area of recovery that the Democrats are focused on in this election cycle in particular,” said former Wisconsin GOP strategist Brian Reisinger, the author of “Land Rich, Cash Poor,” which explores the economic struggles of farmers. “Republicans are doing everything they can to maximize it as their primary path to victory, and you’ve got Democrats who have recognized it.”
Democrats insist that their policies are more suited for working-class voters, pointing to their support for unions and tax increases on the wealthiest Americans, among other things. But, lawmakers and operatives said, there’s a more emotional hurdle Democrats have failed to pass before engaging in a policy discussion — recognizing voters’ frustrations.
“People communicate on an emotional level first and you do not talk people out of their feelings with a spreadsheet. You have to understand what they’re saying to you,” said Gluesenkamp Perez. “Rural communities like mine, we don’t like we don’t like it when a politician says, ‘hey, sorry, your economy’s collapsed, fill out this 200-page grant application, and maybe I’ll help you.'”
It’s a strategy that a shrinking handful of lawmakers have deployed effectively to remain in office, representing what on paper would appear to be hostile territory.
Golden, a tattooed combat veteran whose district is anticipated to once again back Trump this year, described populism in a speech in July as “the public’s disdain of an elite consensus that seems stacked in favor of the powerful and wealthy — regardless of party or ideology — at the expense of everyone else — regardless of party or ideology.”
Voters “trust that when necessary, I’ll stand up for them against elites who don’t care about them, or where they’re from, or how they’ve lived, even when that means standing up to my own party,” he said.
To persuade voters of that, though, Democratic lawmakers and candidates have to have a shared lived experience with the voters whose backing they want.
“You have to have candidates who are driving a s—box, who have struggled to get a home loan, who are working multiple jobs. You have to have different candidates,” said Gluesenkamp Perez, who ran an auto-repair shop before winning her seat in 2022. “The model that you need to be somebody with a J.D. and a trust fund and no kids does not deliver the nuance.”
Democrats are trying to create an opening.
Harris elevated Minnesota Gov. Tim Walz, a military veteran, hunter and former public schoolteacher, to be her running mate. Gluesenkamp Perez name checked Rebecca Cooke, who grew up on a Wisconsin dairy farm, and Whitney Fox, the daughter of a nurse and single mother, as examples of congressional challengers who can expand the party’s appeal.
And the party still counts a coterie of lawmakers already in Congress — for now.
“There’s a lot of voters in rural areas who might be very conservative, they might be really leaning Republican, but they’re not all that ideological. What I mean by that is, if they think that you’re fighting for them, and they hear the right issues, they’re willing to vote for you,” Reisinger said.
Democrats’ ability, or lack thereof, to pull that off is crucial this year.
Brown and Tester’s races will likely decide the Senate majority, and there are enough Democratic populists who can make a difference in which party controls the House of Representatives.
And beyond fighting for congressional majorities, Democrats who are desperate to make up ground, particularly in rural America, said they need those lawmakers in office to make a strong case and show that rhetoric of a big tent party isn’t just talk.
But standing in their way is a Republican Party that under Trump has swallowed up support in rural America, clinching a longtime GOP goal.
“Twenty years ago, I said the Republican party should become the party of Sam’s Club, not just the country club. Ironically, Donald Trump did more to advance that goal than any Republican candidate in a long time,” said former Republican Minnesota Gov. Tim Pawlenty.
And, some Democrats warned, prolonging existing perceptions of Democrats could morph into a political reality that could make it hard for candidates to defy.
“There’s still a lot of ground to make up in terms of credibility,” LaBombard said.
“Depending on how this election goes, we have the opportunity for some perhaps limited but significant steps in the right direction in terms of the Democratic Party appealing to working-class, populist-type voters. Or we also have the opportunity to lose a ton of ground in terms of the voices we have and have elevated up to this point.”
