Even Without the Sex and Drug Allegations, Matt Gaetz’s Nomination Should Have Been Doomed
In a report released today, the House Ethics Committee says it found “substantial evidence” that former Rep. Matt Gaetz (R–Fla.), President-elect Donald Trump’s first pick for attorney general, paid women thousands of dollars for sex, used illegal drugs, committed statutory rape, and accepted gifts that violated the chamber’s rules. Gaetz concedes that he “probably partied, womanized, drank and smoked more than I should have earlier in life” and that he gave money to women he “dated.” But he insists that he never did anything illegal, never exchanged money for sex, and never had sex with an underage girl.
Gaetz resigned his seat in Congress when Trump announced his nomination, which he evidently hoped would prevent the release of the ethics report because it meant the committee no longer had any jurisdiction over him. But the widely reported sex and drug allegations were a key factor in sinking his nomination. He withdrew his name just eight days after Trump’s announcement, saying he did not want to be “a distraction [from] the critical work of the Trump/Vance Transition.”
Given his scant legal experience, Gaetz was manifestly unqualified to be attorney general. It did not help that he was unpopular with his Republican colleagues in Congress, where he had a reputation as a vain and vindictive showboat fond of divisive political stunts. He might nevertheless have survived the confirmation process were it not for the salacious claims about his recreational habits.
The most serious allegation is that Gaetz twice had sex with a 17-year-old girl during a July 2017 “house party” in Florida. Since the age of consent in Florida is 18 and Gaetz was older than 23 at the time, that would have been a second-degree felony under state law, punishable by up to 15 years in prison. According to the House Ethics Committee, which heard testimony from the alleged victim and “multiple individuals corroborating the allegation,” the girl did not volunteer her age and Gaetz did not ask. The committee “did not receive any evidence indicating that Representative Gaetz was aware that Victim A was a minor when he had sex with her.” But although it may seem counterintuitive, ignorance of that point is no defense to a statutory rape charge under Florida law.
The Justice Department investigated Gaetz for possible sex-related violations of federal law and decided against pursuing charges, reportedly because prosecutors worried that jurors would not consider the witnesses credible. As Gaetz tells it, that means he was “FULLY EXONERATED.” But a decision against prosecution, which hinges on whether the government can prove its case beyond a reasonable doubt, is not the same as exoneration, and the bipartisan ethics committee, which did not have to meet that burden, believed the testimony about Gaetz’s alleged sexual encounters.
If the party described by those witnesses had happened in a jurisdiction with a lower age of consent—say, Texas, Pennsylvania, or the District of Columbia—Gaetz’s alleged conduct would not have been a crime. But given the law in Florida, incuriosity about the age of a sexual partner would have been reckless, to say the least.
Gaetz insists that the incident described by the committee never happened. He also maintains that his payments to adult sexual partners were gifts rather than compensation for their services. “In my single days,” he says, “I often sent funds to women I dated—even some I never dated but who asked. I dated several of these women for years.”
According to the House Ethics Committee, Gaetz paid a dozen women and an intermediary a total of nearly $90,000 from 2017 to 2020, often via Paypal, Venmo, or CashApp. The committee notes that Gaetz paid most of that money, some $64,000, to a “former girlfriend,” and it concedes that “some of the payments may have been of a legitimate nature.” But it notes that the former girlfriend “asserted her Fifth Amendment right when asked whether the payments to her from Representative Gaetz were for sexual activity and/or drugs, or for her to pass on to others for such purpo
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
