Former U.S. Rep. Matt Gaetz leaves a House Republican Conference meeting at the U.S. Capitol on Oct. 3, 2023 in Washington, D.C. (Photo by Drew Angerer/Getty Images)  

WASHINGTON — Former Florida Congressman Matt Gaetz announced Thursday he’s withdrawing as President-elect Donald Trump’s planned nominee for attorney general days after securing the appointment.

Gaetz’s path to Senate confirmation was highly unlikely following years of investigations about alleged drug usage and payments for sex, including with an underage girl. He submitted his resignation to Congress last week.

“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 wrote in a social media post. “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.” 

Trump posted on social media afterward that he “greatly” appreciated “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 wrote. “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”

When asked if the Trump-Vance transition team had another nominee choice lined up, and whether they viewed the Gaetz withdrawal as a setback, spokesperson Karoline Leavitt did not provide details.

“President Trump remains committed to choosing a leader for the Department of Justice who will strongly defend the Constitution and end the weaponization of our justice system. President Trump will announce his new decision when it is made,” Leavitt told States Newsroom in an emailed statement. 

The House Ethics Committee voted along party lines Wednesday not to release its report on Gaetz, following more than three years of investigation. Gaetz has repeatedly denied any wrongdoing, including the allegations that he had sex with a minor.

Meetings with senators

Trump’s running mate, Ohio Sen. J.D. Vance, spent Wednesday shuffling Gaetz between meetings with Republicans on the Senate Judiciary Committee, which would have held his confirmation hearing. Republicans will control the Senate in the new session of Congress beginning in January.

South Carolina Sen. Lindsey Graham, the top Republican on the Judiciary Committee, wrote on social media that he respected Gaetz’s decision to withdraw his name from consideration as AG.

“I look forward to working with President Trump regarding future nominees to get this important job up and running,” Graham said.

GOP Sen. Chuck Grassley, incoming Judiciary Committee chair, posted the following on X: “I respect Gaetz decision &look fwd 2helping PresTrump confirm qualified noms 2reform Dept of Justice &bring TRANSPARENCY/ACCOUNTABILITY Trump’s mission = DRAIN THE SWAMP& I would add get some1 who will answer my hundreds of outstanding oversight letters sitting at Biden DOJ/FBI.”

Grassley’s staff referred States Newsroom to the social media post when the outlet reached out for comment.

The offices of Sens. John Kennedy of Louisiana and Tom Cotton of Arkansas, fellow Senate Judiciary Committee Republicans, declined to comment.

Gaetz’s future is unclear, given that he resigned from the U.S. House last week and notified the chamber he didn’t plan to take the oath of office for the upcoming 119th Congress.

He first joined the House in January 2017 and led efforts to remove former House Speaker Kevin McCarthy from that role last year, setting off a month-long stalemate within the House Republican Conference over who should lead the party.

The race to fill his empty seat in a special election has already attracted six candidates, mostly Republicans in a heavily conservative-leaning district.

Gaetz could jump into the race for his old seat, possibly winning a place back in the House of Representative next year following the special election.

He could also try to take the oath of office when the next session of Congress begins on Jan. 3, since he wrote in his resignation letter that he did “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.”

That would give the House Ethics Committee jurisdiction to complete its report on Gaetz and release it publicly. 

AG oversees Department of Justice

The attorney general is responsible for overseeing the Department of Justice, which includes the federal government’s top law enforcement agencies as well as prosecutors.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF, Drug Enforcement Administration, Federal Bureau of Investigation, Federal Bureau of Prisons, Office for Victims of Crime, Office on Violence Against Women and U.S. Attorneys’ offices are among the 40 entities within the DOJ and its 115,000-person workforce.

Congress approved $37.52 billion for the Department of Justice in the most recent full-year spending bill.

Trump had two attorneys general during his first term as president. He first nominated former Alabama Sen. Jeff Sessions, whom Trump later fired amid disputes, and then Bill Barr. 

Ashley Murray contributed to this story.