Matt Gaetz Outlines Possible Trump 'Immunity' Plan

Republican Representative Matt Gaetz of Florida argued on Tuesday that House Republicans could pursue legal immunity for former President Donald Trump.

Trump last week was hit with a federal indictment stemming from efforts to overturn the 2020 presidential election outcome, the result of a long-running investigation from the Department of Justice (DOJ) and Special Counsel Jack Smith. The indictment, his third overall and second at the federal level this year, charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; conspiracy against rights; and obstruction of an official proceeding. The former president pleaded not guilty during a Thursday arraignment hearing in Washington, D.C.

Trump backers in Congress have joined the former president in denouncing the various criminal investigations against him as politically motivated attempts to hurt his political fortunes.

Longtime Trump supporter Gaetz, who represents Florida's 1st District, on Tuesday shared a clip on social media, discussing a plan that he claimed would allow House Republicans to give the former president legal immunity and stall the investigations.

"You can actually bring President Trump in to give testimony to the Congress and in doing so, immunize him," Gaetz said during an interview with conservative activist and radio talk show host Charlie Kirk, on The Charlie Kirk Show. "Now, there's different forms of immunity that take place at the committee level, subcommittee level, in some instances for full immunity, you have to have more of a supermajority vote."

He continued: "But if you had a supermajority vote of a committee, like Speaker [Kevin] McCarthy could set up a select committee tomorrow that can bring Trump in, and immunize him. And then we could proceed with the very legitimate investigative work that we're doing of the Bidens and the corrupt DOJ. Unfortunately, none of those things are happening. Instead, Congress is not in Washington, not assembled. And I think the timing is on purpose. No timing in DC is ever just a mere coincidence. And so right as Congress is leaving town ... You see this acceleration of activity against Trump."

Kirk pushed the congressman for details: "Let's be specific here though. So immunize him from what crimes even if he's under current indictment? Is that including even the obstruction claims? And give us some examples of how this has been used recently?" the host said.

"Well, it hasn't been used recently," Gaetz responded, adding that Congress is granted the authority to do so "in 18 U.S.C. 6002 and 6005."

Palm Beach County State Attorney Dave Aronberg told Newsweek in a statement that "the legislative branch cannot and should not interfere in the criminal investigations and prosecutions of a separate branch of government."

He continued: "Supporters of the former President need to respect the separation of powers and stop trying to use their power in undemocratic ways. 'Immunizing' the former President through a partisan vote is not even a real thing."

Gaetz has put forward similar arguments in recent days. During an appearance on right-wing outlet Newsmax last week, he further suggested that House Republicans should call Smith to "present himself for a transcribed interview with the Judiciary Committee in the next 15 days" and hold him in contempt if he did not comply. The congressman also suggested seeking impeachment proceedings against Attorney General Merrick Garland if he did not enforce the contempt charge.

Update 8/13/2023, 4:26 p.m. ET: This article has been updated to include comment from Palm Beach County State Attorney Dave Aronberg.