Gaetz withdraws as attorney general nominee

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Matt Gaetz withdraws his name from AG consideration

‘Outnumbered’ co-hosts react to the breaking news as the Trump team navigates the transition to the White House.

Matt Gaetz, the former Florida representative and Trump nominee for attorney general, on Thursday announced that he is withdrawing as Trump's pick for the top prosecutor, citing what he described as the "distraction" his nomination had caused due to a swirl of allegations about paying underage women for sex. 

"While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition," Gaetz said.

"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."

The news comes amid a swirl of allegations surrounding Gaetz, who for months had been under investigation by the House Ethics Committee until his resignation last week from the current congressional session.

Former Florida Rep. Matt Gaetz’s decision to step down eight days after his nomination now leaves open the role of attorney general. (Reuters)

The panel had subpoenaed him as recently as September for an ongoing investigation into alleged sexual misconduct with a minor. Gaetz in response told the panel he would "no longer voluntarily participate" in their probe.

Gaetz’s decision to step down eight days after his nomination now leaves open the role of attorney general — a position for which Trump had been considering a wide-ranging list of candidates, including former DOJ officials, members of Congress, and outside officials.

Those on the short list included former White House attorney Mark Paoletta, who served during Trump’s first term as counsel to then-Vice President Mike Pence and to the Office of Management and Budget; Missouri Attorney General Andrew Bailey, who was tapped in 2022 to be the state’s top prosecutor after then-state Attorney General Eric Schmitt was elected to the U.S. Senate.

Rep. Matt Gaetz speaks with former President Trump at the Steer N' Stein bar while attending the Iowa State Fair in Des Moines, Iowa, on Aug. 12, 2023. (Al Drago/Bloomberg via Getty Images)

Since taking over the state AG’s office, Bailey has led dozens of lawsuits against the Biden administration and sought to defend the state on a number of conservative issues as well. 

The one position all had in common was loyalty — for which Trump praised Gaetz for in his nomination. 

Trump confirmed the news in a post on Truth Social Thursday afternoon. "I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General," the president-elect said. "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 added. "Matt has a wonderful future, and I look forward to watching all of the great things he will."

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Rep. Matt Gaetz speaks at a campaign rally for former President Trump in Coachella, California, on Oct. 12. (Mario Tama/Getty Images)

In a Truth Social post announcing Gaetz's nomination, Trump said Gaetz "has distinguished himself in Congress through his focus on achieving desperately needed reform at the Department of Justice."

Regardless of who Trump picks, "He's going to want someone who he knows, likes and trusts," former acting Attorney General Matt Whitaker told Fox News about the role earlier this month. "He's going to want someone who was there from the beginning."

The House Ethics Committee deadlocked Tuesday on whether to release their report on their investigation into the former congressman, which kicked off following a Justice Department investigation in 2021 stemming from allegations related to sex trafficking. The DOJ did not press charges in the matter, and attorneys for Gaetz said in 2023 that the Justice Department had dropped the investigation. 

"We have just spoken with the DOJ and have been informed that they have concluded their investigation into Congressman Gaetz and allegations related to sex trafficking and obstruction of justice, and they have determined not to bring any charges against him," Gaetz attorneys Marc Mukasey and Isabelle Kirshner said in a statement in February 2023 reported by multiple news outlets.

Gaetz has vehemently denied all accusations. 

Sen. Lindsey Graham and Rep. Matt Gaetz conduct a news conference in the Capitol on July 10, 2019. (Tom Williams/CQ Roll Call)

Lawmakers responded to the news with a range of reactions on Thursday. Gaetz had faced an uncertain path to Senate confirmation, even in a Republican-controlled chamber — and it was unclear whether he would have secured the votes needed to serve in the key Cabinet role. 

That difficulty was on stark display Wednesday after Gaetz met with Senate lawmakers behind closed doors to try to gin up support ahead of the planned confirmation vote. 

Gaetz announced his decision while the Senate was in the middle of the vote, and both Republicans and Democrats told Fox News they were surprised by the news.

Sen. Lindsey Graham, R-S.C., said he respects the former congressman’s decision to withdraw his name from consideration, and "appreciate his willingness to serve at the highest level of our government." 

"He is very smart and talented and will continue to contribute to our nation’s wellbeing for years to come," Graham said.

Sen. Susan Collins, R-Maine, said she was pleased with his decision. "Obviously I was not going to make a final decision until after the hearings, because you never know what's going to come out," she told Fox News. "But certainly there were a lot of red flags."

Others reflected that sentiment.

"I think it's a positive development.," Sen. Roger Wicker, R-Miss., told reporters of Gaetz’s decision to take himself out of the running. He declined to answer any follow-up questions as to why he thought that, but looked at reporters and smiled.

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Sen. Joe Manchin, I-W.Va., said of the news, "Smart man." Asked to clarify, he added: "He did that?" 

"Very smart," he told reporters in response. "Very smart move."

This is a breaking news story. Check back soon for updates.