WASHINGTON — The Florida Bar said on Wednesday it had opened an investigation to determine whether Rep. Matt Gaetz, a Republican from the state, violated its conduct rules when he threatened to reveal what he said were extramarital affairs by a pending congressional witness, Michael Cohen.
Gaetz’s threat came on Twitter on Tuesday afternoon, as Cohen, President Donald Trump’s former lawyer and longtime fixer, was preparing for explosive public remarks before the House Oversight and Reform Committee in which he ultimately implicated his former boss in federal crimes and other unsavory acts. Gaetz, 36, is one of Trump’s most outspoken allies on Capitol Hill, and his public statements have frequently solicited criticism from Democrats.
“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,” Gaetz wrote in his tweet, which he deleted and apologized for.
Democrats said Gaetz’s remarks might amount to witness intimidation, and several lawmakers called for his comments to be investigated by the House Ethics Committee. Francine Andía Walker, a spokeswoman for the Florida Bar, said Wednesday that the organization had opened its investigation after learning of the comments but could not offer further details. The Florida Bar licenses lawyers to practice in the state.
“Any time the words or actions of a Florida lawyer result in complaints, the Florida Bar will fully investigate those complaints through its established grievance process to determine if bar rules have been violated,” she said. “It handles thousands of complaints each year, filing charges and pursuing discipline against lawyers whose professional conduct is not in keeping with the rules.”
Gaetz said Tuesday that he was merely raising questions about the “veracity and character” of a congressional witness — not trying to intimidate him.
On Wednesday, he said in a text message he had not been contacted by the Florida Bar but signaled that he was not concerned.
“It seems that the Florida Bar, by its rules, is required to investigate even the most frivolous complaints,” he said.
As a member of Congress, Gaetz is protected under the Constitution’s “speech or debate” clause, which gives lawmakers wide latitude to speak while Congress is in session. It has been cited frequently in the past as a protection against punishment.
Under federal law, it is a crime to threaten or intimidate an individual to influence, delay or otherwise prevent that person from testifying in official proceedings, including a congressional hearing. But it is not clear whether a remark like Gaetz’s — made ambiguously on social media — would qualify. Nor is it clear whether the congressional speech and debate protections would give him legal cover.
Gaetz deleted his tweet late Tuesday after Speaker Nancy Pelosi of California warned him that comments like his could harm the Oversight Committee’s ability to “obtain the truthful and complete information necessary.”
“I should have chosen words that better showed my intent,” he wrote, replying to Pelosi. “I’m sorry.”
This article originally appeared in The New York Times.