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House Calendar No. __
2 nd Session HOUSE OF REPRESENTATIVES {
IN THE MATTER OF ALLEGATIONS
RELATING TO REPRESENTATIVE
MATT GAETZ
R E P O R T
COMMITTEE ON ETHICS
August 21, 2020.—Referred to the House Calendar and ordered to
be printed
XX–XXX
ADOPTED BY THE COMMITTEE ON ETHICS ON JULY 29, 2020
116TH CONGRESS, 2ND SESSION
U.S. HOUSE OF REPRESENTATIVES
COMMITTEE ON ETHICS
IN THE MATTER OF ALLEGATIONS RELATING TO
REPRESENTATIVE MATT GAETZ
AUGUST 21, 2020
Mr. DEUTCH, from the Committee on Ethics, submitted the following
REPORT
COMMITTEE ON ETHICS
Theodore E. Deutch, Florida Kenny Marchant, Texas
Chairman Ranking Member
Grace Meng, New York George Holding, North Carolina
Susan Wild, Pennsylvania Jackie Walorski, Indiana
Dean Phillips, Minnesota Michael Guest, Mississippi
Anthony Brown, Maryland
REPORT STAFF
Thomas A. Rust, Chief Counsel/Staff Director
Brittney L. Pescatore, Director of Investigations
David Arrojo, Counsel to the Chairman
Chris Donesa, Counsel to the Ranking Member
C. Ezekiel Ross, Counsel
Danielle Appleman, Investigator
Caroline Taylor, Investigative Clerk
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Theodore E. Deutch, Florida Thomas A. Rust
Chairman Staff Director and Chief Counsel
Kenny Marchant, Texas David W. Arrojo
Ranking Member Counsel to the Chairman
Grace Meng, New York Christopher A. Donesa
Susan Wild, Pennsylvania
ONE HUNDRED SIXTEENTH CONGRESS
Counsel to the Ranking Member
Dean Phillips, Minnesota
Anthony Brown, Maryland 1015 Longworth House Office
Building
George Holding, North Carolina Washington, D.C. 20515–6328
Jackie Walorski, Indiana Telephone: (202) 225–7103
Michael Guest, Mississippi COM M ITTEE ON ETHICS Facsimile: (202) 225–7392
LETTER OF TRANSMITTAL
August 21, 2020
The Honorable Cheryl L. Johnson
Clerk, House of Representatives
Washington, DC 20515
Dear Ms. Johnson:
Pursuant to clauses 3(a)(2) and 3(b) of Rule XI of the Rules of the House of
Representatives, we herewith transmit the attached report, “In the Matter of Allegations
Relating to Representative Matt Gaetz.”
Sincerely,
Theodore E. Deutch Kenny Marchant
Chairman Ranking Member
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CONTENTS
I. INTRODUCTION .................................................................................................1
II. PROCEDURAL HISTORY ...................................................................................2
III. FINDINGS AND CONCLUSIONS........................................................................3
IV. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(C) .................................4
APPENDIX A: REPORT OF THE INVESTIGATIVE SUBCOMMITTEE
116TH CONGRESS, 2ND SESSION
U.S. HOUSE OF REPRESENTATIVES
COMMITTEE ON ETHICS
IN THE MATTER OF ALLEGATIONS RELATING TO
REPRESENTATIVE MATT GAETZ
August 21, 2020
Mr. DEUTCH, from the Committee on Ethics, submitted the following
R EPO RT
In accordance with House Rule XI, clauses 3(a)(2) and 3(b), the Committee on Ethics
(Committee) hereby submits the following Report to the House of Representatives:
I. INTRODUCTION
On March 13, 2019, the Committee received a Member complaint against Representative
Matt Gaetz. The Committee then began a review, pursuant to Committee Rules 16(c) and 18(a),
into allegations that Representative Gaetz sought to threaten, intimidate, harass, or otherwise
improperly influence the President’s former attorney, Michael Cohen, in connection with Mr.
Cohen’s testimony before a congressional committee. The allegations relate to a message posted
by Representative Gaetz on his unofficial Twitter account the day before Mr. Cohen was set to
testify before the House Committee on Oversight and Reform.
Because Representative Gaetz initially declined to testify before the Committee, the
Committee was unable to dispose of the complaint in a timely fashion and therefore was required,
pursuant to House Rule XI, clause 3(b)(2), and Committee Rule 16(d), to establish an Investigative
Subcommittee (ISC) and forward the complaint against Representative Gaetz to the ISC for
consideration. The ISC conducted a review of the information in the complaint and was ultimately
able to obtain Representative Gaetz’s testimony. On February 3, 2020, the ISC transmitted its
Report to the full Committee, summarizing its findings and recommendations. The Committee
thanks the Members of the ISC for their efforts and attention to this matter.
The ISC found that Representative Gaetz’s tweet to Mr. Cohen did not violate witness
tampering and obstruction of Congress laws, but Representative Gaetz’s actions did not reflect
creditably upon the House of Representatives, in violation of House Rule XXIII, clause 1 of the
Code of Official Conduct. The ISC noted that a grievance committee of the Florida Bar found
Representative Gaetz’s tweet to be “unprofessional, reckless, insensitive, and [that it]
demonstrated poor judgment.” 1 The Florida Bar grievance committee concluded that, “[w]hile
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ISC Report at 6.
[Representative Gaetz’s] conduct in this instance did not warrant formal discipline, . . . it was not
consistent with the high standards of [its] profession, and . . . [his] actions do not reflect favorably
on [Representative Gaetz] as a member of The Florida Bar. 2 Likewise, Representative Gaetz
himself told the ISC that he was “not comfortable with the language I used,” that he “acted
improperly regarding [his] own standards,” and that he was “sorry for doing so.” 3 The ISC joined
Representative Gaetz and the Florida Bar grievance committee in finding Representative Gaetz’s
tweet to Mr. Cohen did not meet the standards by which Members of the House should govern
themselves and recommended that the Committee admonish Representative Gaetz for his
conduct. 4
In light of the above, on July 29, 2020, the Committee unanimously voted to adopt this
Report, admonish Representative Gaetz, and release the ISC Report, which is transmitted as an
appendix to this Report. 5
II. PROCEDURAL HISTORY
On March 13, 2019, the Committee received a letter from Representative Kathleen Rice
requesting an investigation into allegations involving Representative Gaetz. 6 On March 26, 2019,
the Chairman and Ranking Member of the Committee, pursuant to House Rule XI, clause 3(j) and
Committee Rule 16(a), determined that the letter submitted by Representative Rice met the
Committee’s requirements for what constitutes a complaint. 7 Representative Gaetz declined the
Committee’s invitation to testify and the Committee was unable to resolve the matter by the rule-
based deadline. 8 Accordingly, an ISC was formed pursuant to House Rule XI, clause 3(b)(2), and
Committee Rule 16(d). 9 On June 28, 2019, the Committee publicly announced the ISC’s
formation and membership.
The ISC met a total of six times and interviewed Representative Gaetz. 10 The ISC also
reviewed over 160 pages of materials including information from the Florida Bar. 11 On January
28, 2020, the ISC unanimously voted to adopt its Report and transmit it to the Committee. 12 The
ISC did not recommend the Committee impose a sanction in this matter but did recommend that
Representative Gaetz be admonished for his conduct. 13 The Committee considered the ISC’s
Report and on July 29, 2020, unanimously voted to release the ISC’s findings and issue this Report.
2
Id.
3
Id.
4
Id. at 9-11.
5
See Appendix A.
6
ISC Report at 2.
7
Id.
8
Id.; Committee Rule 16(b) (establishing the rules-based deadlines for handling a properly executed complaint).
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ISC Report at 2.
10
Id.
11
Id.
12
Id.
13
See Committee Rule 24 (discussing Committee level sanctions, House level sanctions, and the prerequisite steps
necessary for implementation of each).
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III. FINDINGS AND CONCLUSIONS
On February 26, 2019, Representative Gaetz drafted and posted a tweet directed at the
President’s former personal attorney Michael Cohen. 14 The post stated:
Hey @MichaelCohen212 – Do your wife & father-in-law know about your
girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll
remain faithful when you’re in prison. She’s about to learn a lot… 15
Later that day, following public backlash for the post, Representative Gaetz deleted the
tweet and stated that it was not his intent to threaten Mr. Cohen and that he should have “chosen
words that better showed [his] intent.” 16 Representative Gaetz reiterated that it was not his intent
to threaten Mr. Cohen nor to disrupt his testimony in both conversations with reporters and in his
sworn testimony before the ISC. 17 Representative Gaetz also expressed remorse for his actions,
explaining that he was uncomfortable with any perception that he intended to threaten Mr. Cohen
or smear his family and that his “tweet did not conform to my own standard that I maintain for
myself and for my conduct.” 18
The ISC reviewed Representative Gaetz’s conduct and did not find that he had the requisite
intent to establish a violation of the federal criminal statutes prohibiting witness tampering and
obstruction of Congress. 19 The ISC did find, however, that Representative Gaetz’s conduct
violated House Rule XXIII, clause 1, which requires Members to act at all times in a manner that
reflects creditably in the House. 20
Not all actions that may influence a witness or otherwise impact a congressional proceeding
are a violation of clause 1. When such actions foreseeably risk improperly interfering with such a
proceeding, however, they may run afoul of that provision. 21 The ISC’s Report reflects that
Representative Gaetz’s specific actions, and in particular, his statement that Mr. Cohen’s wife was
“about to learn a lot,” coupled with the timing of his tweet the day before Mr. Cohen was set to
testify, were an appropriate cause for concern and review. Likewise, the Florida Bar grievance
committee found Representative Gaetz’s tweet to be “unprofessional, reckless, insensitive, and
[that it] demonstrated poor judgment,” and that his “actions do not reflect favorably on [him] as a
14
ISC Report at 3.
15
Id.
16
Id. at 4.
17
Id. at 4-5 (citing Representative Gaetz’s sworn testimony that it “never occurred” to him that his tweet would
impact Mr. Cohen’s willingness to testify, or the substance of his testimony).
18
Id. at 4-6 (“I am not comfortable with the language I used, with the reference that I deployed in this tweet, and
that’s why, by virtue of inconsistency with my own standards, I deleted it and apologized publicly and privately.”).
19
As part of its review, the ISC considered Representative Gaetz’s appearance at the Oversight Committee hearing
room on the day of Mr. Cohen’s testimony (Representative Gaetz is not a member of the Oversight Committee). Id.
at 5. The ISC similarly did not find that that his attendance at the hearing demonstrated an intent to improperly
interfere with the proceeding, and noted that “Members of Congress are free to attend open congressional hearings
for Committees upon which they do not sit – as are the general public.” Id. at 9.
20
Id. at 9-11.
21
See Comm. on Ethics, In the Matter of Allegations Relating to Representative Judy Chu, H. Rept. 113-665, 113th
Cong. 2d Sess. 10-11 (2014).
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member of The Florida Bar.” 22 In light of the above, the Committee admonishes Representative
Gaetz.
As the ISC recognizes in its report, the Committee is not the social media police. The
Committee has acknowledged that the fast-pace and wide dissemination of electronic
communications, while in some ways a boon to greater transparency between Members and their
constituents, can lead to embarrassing mistakes and unintended consequences. 23 Not every social
media misstep requires Committee action. As the ISC notes, however, the requirement that
Members conduct themselves at all times in a manner that reflects creditably on the House extends
to their electronic communications. 24 Members are, accordingly, cautioned to exercise sound
judgment when using social media.
Following the publication of this Report, the Committee will take no further action in this
matter, and considers it closed.
IV. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(c)
The Committee made no special oversight findings in this Report. No budget statement
is submitted. No funding is authorized by any measure in this Report.
22
ISC Report at 6.
23
See Comm. on Ethics Memorandum for all Members, Officers and Employees, Intentional Use of Audio-Visual
Distortions & Deep Fakes (Jan. 28, 2020).
24
ISC Report at 11.
