Insights from the House Ethics Committee’s probe into Matt Gaetz

By Michael S. Schmidt

Following an extensive investigation, the House Ethics Committee published a 37-page document this week regarding former Rep. Matt Gaetz, R-Fla., and claims that he was involved in numerous illegal and inappropriate behaviors, including engaging in sexual activities with a 17-year-old girl.

Gaetz, once considered President-elect Donald Trump’s preferred candidate for attorney general before he dropped out, has continually stated that he did not commit any violations.

Here are the report’s key points.

The document indicates that there is evidence that Gaetz partook in a variety of dubious activities, some of which were illegal.

The committee determined that from 2017 to 2020, Gaetz routinely paid women for sex and had sexual relations with an underage girl in 2017, during his initial term in the House, wherein the girl received payment.

The report outlines that Gaetz utilized illicit substances — including cocaine and ecstasy — on several occasions between 2017 and 2019. Additionally, it states that he accepted gifts of travel and accommodation exceeding the allowable monetary limits, related to a Bahamas trip where he engaged in sexual activities with women whom he compensated.

The committee also asserted that he misused his position to incorrectly inform the State Department that a woman with whom he had relations was a constituent seeking assistance with her passport.

Furthermore, the report highlights Gaetz’s obstruction of the committee’s investigation.

The conclusions drawn indicated “there was considerable evidence that Representative Gaetz breached House Rules, state and federal laws, and other ethical standards prohibiting prostitution, statutory rape, illicit drug use, accepting prohibited gifts, rendering special favors and privileges, and hindering Congress.”

It remains uncertain whether Gaetz will face additional legal action.

The Justice Department previously looked into Gaetz for the same issues the House panel reviewed. Prosecutors informed Gaetz’s legal representatives in February 2023 that they would not file charges, having determined that a sufficiently strong case could not be established in court, according to individuals familiar with the situation at that time.

There is no evidence suggesting that the committee’s report includes any information unavailable to federal prosecutors. Moreover, in under a month, the Justice Department will be under the administration of Trump, who had recently expressed a desire for Gaetz to become the nation’s head law enforcement officer.

Although the House Ethics Committee report does not include a criminal referral, it concludes that Gaetz violated Florida’s prostitution laws.

However, the standard for asserting a legal violation is lower than the proof needed for a conviction beyond a reasonable doubt.

The panel did not find adequate evidence to charge Gaetz with sex trafficking.

The committee indicated it had “not obtained substantial evidence” that Gaetz broke federal sex-trafficking laws, which were a key focus of the Justice Department’s investigation, although it did establish that he had sexual interactions with a girl when she was 17 and that she received payment.

The committee asserted there was no evidence to suggest Gaetz knew the girl was a minor at the time. When she had sexual relations with Gaetz, the report noted, she had just finished her junior year in high school.

The evidence gathered by the committee revealed that Gaetz financed women’s trips to New York and Washington for sexual encounters. However, the committee confirmed that the women were over 18 at that time.

“While Representative Gaetz’s interactions with these women displayed an uneven power dynamic, the committee does not have reason to believe that he employed force, fraud, or coercion as defined by the pertinent laws,” stated the report.

Nonetheless, the report highlighted that by being involved with the 17-year-old, he breached Florida’s statutory rape law.

“The committee gathered evidence indicating that Representative Gaetz was unaware that Victim A was 17 years old until more than a month after their initial sexual encounters,” the report stated. “Nevertheless, statutory rape is a crime of strict liability. Once he learned that Victim A was a minor, he continued contact, and less than six months after she became 18, he arranged another encounter for paid sex.”

Some women with whom Gaetz had sexual relations while being compensated indicated they felt impaired by drug or alcohol use.

The women interviewed by the committee reported that their sexual relationships with Gaetz were “consensual.” However, one woman stated she “felt that the use of drugs at the parties and events they attended” may have hindered her “ability to really know what was happening or fully consent.”

The committee found that “almost every woman the committee spoke with had trouble recalling the details of one or more events attended with Representative Gaetz, attributing this to drug or alcohol use.”

Some women expressed feelings of regret regarding their experiences. One woman shared that when she reflects “on certain moments, I feel violated.” Another emphasized, “I think about it constantly,” adding, “Seeing him on TV brings back memories, and there’s nothing anyone can do. It’s frustrating to realize I lived a truth that he refutes.”

The committee felt that the Justice Department was not helpful during its investigation.

Initially, following the 2021 announcement that Gaetz was under federal investigation, the Justice Department instructed the panel to pause its inquiry — a request the committee adhered to.

In 2023, after Gaetz revealed that the department decided not to prosecute him, the committee resumed its inquiry.

At that time, however, the Justice Department declined to engage with the committee, according to the committee’s assertions.

The committee mentioned that “after three months with no reply despite repeated follow-ups,” it submitted Freedom of Information Act requests to Justice Department offices, “which have yet to be adequately processed.”

“The committee went on reaching out to D.O.J. throughout 2023, still lacking a substantive reply to its information requests,” the committee noted.

The committee reported that it received its first response from the Justice Department in January 2024.

“At that time, D.O.J. provided no meaningful reply or reasoning for its delay,” the report indicated.

The department communicated to the committee that it does not disclose nonpublic information regarding investigations that do not lead to any charges.

The committee criticized this position of the Justice Department as “at odds with D.O.J.’s historical behavior regarding the Committee and its distinctive role in ensuring the integrity of the House.”

“D.O.J.’s initial request to defer and subsequent lack of collaboration with the committee’s review resulted in significant delays in the investigation,” stated the report.

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