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Legal experts have told it Newsweek that former Florida congressman Matt Gaetz could be charged with drug use and sex with minors.

It follows a House Ethics Committee report alleging the Republican may have committed crimes including statutory rape.

Statutory rape occurs when a person is too young to legally consent to sex.

The ethics report was released Monday and revealed that the committee “found substantial evidence that Rep. Gaetz violated House rules and other standards of conduct involving prostitution, statutory rape, illegal drug use, improper gifts, special favors or privileges, and the Prohibit obstruction of Congress.”

Newsweek sought email comment Tuesday from Gaetz, President-elect Donald Trump’s transition team, and Florida Gov. Ron DeSantis.

Why it matters

Gaetz and Donald Trump are very close, and Gaetz was a key campaigner for Trump in the 2020 election, particularly in Florida.

Gaetz resigned from Congress immediately after his nomination by Trump to be U.S. attorney general.

As controversy continued to grow, Gaetz withdrew from the race a week after his nomination.

What you should know

Several lawyers spoken to Newsweek said Gaetz could be charged. But they said senior Republicans would likely block any investigation and prevent charges from being filed.

Los Angeles-based attorney John J. Perlstein said Newsweek that it would be legally permissible to prosecute Gaetz.

“It is possible that Matt Gaetz will continue to be prosecuted as there do not appear to be any statute of limitations issues for the relevant charges,” Perlstein said. “However, the decision to press charges rests with the two sovereignties involved: the state of Florida and the U.S. federal government.”

“Given the connections of the leaders – Trump’s influence at the federal level and Ron DeSantis at the state level – it seems unlikely that charges will ever be brought,” he said.

Former federal prosecutor Neama Rahmani agreed that political pressure would likely prevent a prosecution.

“It is possible, but unlikely, that Gaetz will be prosecuted. We have seen recently that indictments arise from a congressional investigation, namely the January 6 committee,” he said Newsweek.

“But a prosecution requires a prosecutor who is willing to pursue the case. I don’t believe Trump’s attorney general or appointed U.S. attorneys will do this.”

“And Florida is a red state, so I don’t think the Florida attorney general or the district attorneys will file this case.”

“If we see criminal charges, sex with a minor would be the most serious. Not knowing the minor is a minor is not a defense,” he said.

Gaetz could still have a political career within the Republican Party.

He said Sunday at a Turning Point USA event in Arizona that he could be a candidate in Florida’s 2026 gubernatorial election or run for the soon-to-be-vacated U.S. Senate seat held by Marco Rubio, Trump’s nominee for U.S. secretary of state.

What people say

Attorney and legal analyst Joey Jackson agreed that Gaetz likely has political protection from prosecution. Appearing on CNN on Monday, Jackson said that Gaetz “has a get-out-of-jail-free card… As long as a person in the White House is a person who is friends with him, there will be no federal prosecution.” , let alone a “fees.”

What happens next

If prosecutors actually want to bring charges, they could rely on the evidence collected for the Ethics Committee report as a starting point, similar to how the Jan. 6 committee’s evidence helped bring charges against those who took part in the Capitol riots January 6, 2021 were involved.

Gaetz will act as host The Matt Gaetz Showa one-hour political talk show on the right-wing One America News Network beginning January 6, 2025 at 9 p.m. Eastern Time.