Just hours after court filings were released claiming that witnesses saw Rep. Matt Gaetz attend a drug-fueled sex party in 2017 with a 17-year-old girl, the Florida Bar received a formal complaint that could threaten the congressman’s legal credentials.
Friday morning, Florida activist Chaz Stevens pointed the Florida Bar to reporting from NOTUS about the sudden turn in the Gaetz’s alleged underage sex scandal, asking the organization to intervene.
Stevens accused Gaetz, who is a lawyer himself, of violating three rules enforced by the organization that prevent licensed lawyers from engaging in “criminal conduct,” “deceit” and “conduct that is prejudicial to the administration of justice.”
Gaetz did not respond to questions about whether he had already heard from the Florida Bar.
Before winning a race in 2016 to become the congressman for Florida’s 1st Congressional District, Gaetz was a practicing lawyer in the state’s Panhandle region.
The Florida Bar did not confirm whether it would take up the matter.
NOTUS spoke to two of the state’s top defense lawyers who represent attorneys accused of wrongdoing by the professional association, and both acknowledged that Gaetz could face sanctions. But the path ahead would be particularly difficult given the reluctance of investigators to wade into the world of politics and the fact that any accusation doesn’t pertain directly to his actions as a lawyer.
Brian L. Tannebaum, a Miami defense lawyer, laid out internal debate that Florida Bar ethics investigators would have before deciding to actually take on the case.
“The Bar makes judgment calls,” he said. “They’ll look at something and say: Yes, it’s a violation, but do we really want to go into this? This is not about arguing a legal bill or dealing with a constituent. This is personal conduct … but isn’t this guy in Congress? Are we dipping into an issue regarding politics?”
Although the Department of Justice investigated the congressman and declined to file criminal charges, most of the details about his alleged relationship with a 17-year-old have remained secret. A confession letter — written by Gaetz’s former friend Joel Greenberg — described how the representative would allegedly pay him to arrange several sexual encounters with young women. Venmo payment transactions also showed that Gaetz indeed paid Greenberg, instructing him to “hit up” the teenage girl at the center of the scandal. Gaetz has denied allegations that he has ever had sex with a minor or participated in sex trafficking.
However, last Thursday’s court filings marked the first time that court filings have referenced sworn testimony and statements alleging that Gaetz attended one of the long-rumored parties tied to an alleged underage sex scandal.
David Rothman, another defense lawyer in Miami, said the Florida Bar could be dissuaded because the DOJ already passed on the matter.
“He could be sanctioned. But it’s very rare that a criminal conduct allegation against a lawyer winds up being a Bar case without an attendant criminal investigation and prosecution,” Rothman said.
Still, professional ethics investigators have a much lower standard of evidence to find someone culpable of misconduct. Crimes must be proven “without a reasonable doubt,” whereas the Bar would need to find “clear and convincing evidence” — the equivalent of tilting the scales to one side.
For that, they could rely on several sworn depositions and affidavits that are currently under seal — and could be unsealed by a federal judge in the coming days. Any Bar investigation, in fact, could be another avenue where information about the scandal comes to light.
The next step is up to the professional organization, which could start the process by sending Gaetz a formal letter asking him to address the allegations. Unlike criminal courts, investigators are allowed to make negative inferences if he asserts a Fifth Amendment right and refuses to respond.
Still, Tannebaum put the chances of the Florida Bar actually taking this on at “less than 50%.”
“The Bar is a busy place. They’ve got a lot of lawyers stealing money from old people. Will they send Matt a letter and inquire about the conduct? Maybe,” he said. “There may be someone at the Bar who says, ‘Matt Gaetz, let’s go! Saddle up!’”
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Jose Pagliery is a reporter at NOTUS.