Dem says Gaetz can't 'resign away' ethics probe; Mike Johnson says release would not be 'appropriate'

The office of Sen. Dick Durbin, D-Ill., said former Rep. Matt Gaetz, R-Fla., shouldn't be able to "resign away" an ethics investigation into misconduct allegations, citing Gaetz's nomination to serve as U.S. attorney general under President-elect Trump. 

House Speaker Mike Johnson, R-La., has pushed for the House Ethics Committee not to release a potentially damaging report on a three-year probe of Gaetz amid allegations of sexual misconduct with a minor and illicit drug use. 

Gaetz has denied the claims against him.

Gaetz's resignation effectively ended the investigation because he is no longer a member of Congress. Speaking with reporters at the U.S. Capitol Friday, Johnson said releasing the report would "open a dangerous Pandora's box."

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Senate Judiciary Chairman Richard Durbin, D-Ill., talks with reporters about the nomination of former Rep. Matt Gaetz, R-Fla., to be attorney general outside a Senate Judiciary Committee markup Thursday, Nov. 14, 2024.   (Tom Williams/CQ Roll Call)

Durbin spokesperson Josh Sorbe said the senator, who chairs the Senate Judiciary Committee, has pushed for the report's release to the public. 

"There is longstanding precedent for releasing ethics investigation materials after a member resigns, whether in the House or Senate," said Sorbe. "The now former congressman shouldn’t be able to resign away an ethics investigation involving allegations of grave misconduct, especially when he will be nominated to be our country’s top law enforcement officer.

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"There is bipartisan support for the Senate Judiciary Committee having access to this information," he added. "Chair Durbin will continue pursuing it so members of the committee can fulfill their constitutional obligation of advice and consent on this deeply problematic nominee."

After news broke Wednesday that Gaetz was chosen for the Trump Cabinet, House Ethics Committee Chair Rep. Michael Guest, R-Miss., told reporters the investigation would end if Gaetz were to step down from Congress. 

Rep. Mike Johnson, R-La., center; Matt Gaetz, R-Fla.; and Debbie Lesko, R-Ariz., address the media after the House Judiciary Committee passed two articles of impeachment against President Trump Dec. 13, 2019.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

On Friday, Johnson said he won't be reaching out or speaking with the Ethics Committee to ask it not to release the report when asked by Fox News. 

"I don't know anything about the investigation. The speaker of the House is not involved with those things," Johnson said. "I am reacting to media reports that a report is currently in some draft form and was going to be released on what is now a former member of the House."

He added that he didn't believe releasing the report would be "appropriate."

"It doesn't follow our rules and traditions, and there is a reason for that," said Johnson. "That would open up Pandora's box, and I don't think that's a healthy thing for the institution. So, that's my position."

Gaetz's nomination has come under fire by some considering the allegations against him. Some GOP members of the Senate have said he faces an uphill battle to get confirmed. 

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it..