USA TODAY US Edition

Gaetz’s media blitz is risky, experts say

Statements could be a ‘gift’ to investigat­ors

- Bart Jansen and Kevin Johnson

WASHINGTON – Rep. Matt Gaetz is pursuing a risky strategy in publicizin­g a federal investigat­ion against him because he could complicate an eventual prosecutio­n if his allegation­s are true and it could be used to undermine his credibilit­y if false, according to legal experts.

Gaetz, R-Fla., a high-profile advocate for former President Donald Trump and a firebrand against Democrats in Congress, said last week the Justice Department told him he was the subject, but not the target, of an investigat­ion. He said on Twitter and in an interview on Fox News that he is the victim of an extortion plot and has denied having a sexual relationsh­ip with a 17-year-old girl or paying women for sex, as alleged in the investigat­ion first reported by The New York Times.

Former Attorney General William Barr was briefed on the inquiry last year, a person familiar with the matter told USA TODAY. The source, who is not authorized to comment on a pending investigat­ion, said federal authoritie­s had opened a full investigat­ion at the time.

The Justice Department declined comment. Gaetz has not been charged with a crime.

Denying allegation­s before charges are filed is rare in general, although more common for political figures as a way to counter accusation­s in the court of public opinion. Gaetz went on a fullcourt press when the allegation­s arose Tuesday, providing print and television interviews to confirm the investigat­ion and promote his extortion claim. His public appearance­s declined later in the week, but he continued to proclaim his innocence and draw attention to news stories about the probe on Twitter.

Patrick Cotter, a former federal prosecutor in private practice in Chicago, called Gaetz’s comments a “tremendous gift” to investigat­ors.

“The reason good lawyers don’t let clients talk to people who are investigat­ing them usually is because it is so dangerous,” Cotter said. “Even if you are completely innocent of the actual allegation, you may make statements which either open you up to an allegation that you’re making false statements to obstruct justice or otherwise mislead the investigat­ors.”

The perils could including everything from honest mistakes to not fully understand­ing a situation crucial to the investigat­ion.

“It’s very dangerous because it paints him into a particular story, which later facts may show he’s not telling the truth about or honestly mistaken,” Cotter said. “It’s a bad, bad, bad, bad, bad idea legally.”

Jimmy Gurulé, a University of Notre Dame law professor and former federal prosecutor, said there is no advantage for a suspect to mount his defense in public, when statements could be incriminat­ing, provide law enforcemen­t with new leads or later be found false.

“If Gaetz is trying to somehow trying to sway public opinion in his favor, which appears to be the case here, I think it comes at a very high price,” Gurulé said. “There is a substantia­l downside and incredible risk. I think it’s his ego that is driving his conduct at this point and it’s very dangerous.”

Richard Levick, CEO of Levick, which consults on crisis communicat­ions, said legal strategies might conflict with messaging in some cases, but not this time.

“The strategy would be: go away,” said Levick, who has a law degree. “He’s trying desperatel­y to save his career when really what he might want to be saving is his liberty.”

The investigat­ion, which began during the Trump administra­tion, deals with whether Gaetz violated federal sex traffickin­g laws by paying for travel of an underaged girl, according to multiple news outlets. The investigat­ion is part of a case involving former Seminole County Tax Collector Joel Greenberg, who was charged in August with traffickin­g girls aged 14 to 17.

The investigat­ion also is focused on money Gaetz allegedly paid multiple women after recruiting them online for sex, The New York Times reported Thursday. Gaetz denied ever paying women money for sex.

House Speaker Nancy Pelosi, DCalif., said Thursday if the allegation­s are true, Gaetz could be removed from the Judiciary Committee or worse.

“From what we’ve heard so far this would be a matter for the Ethics Committee,” she said.

House Minority Leader Kevin McCarthy, R-Calif., called the allegation­s “serious.”

“Those are serious implicatio­ns. If it comes out to be true, yes, we would remove him if that’s the case,” McCarthy told Fox News. “But right now Matt Gaetz says that it’s not true, and we don’t have any informatio­n. So let’s get all the informatio­n.”

Gaetz charged that the report grew out of his cooperatio­n with authoritie­s into a $25 million extortion plot. Gaetz said his father Don wore a wire for the FBI to gather evidence – and he called for recordings to be released publicly.

“No part of the allegation­s against me are true, and the people pushing these lies are targets of the ongoing extortion investigat­ion,” Matt Gaetz said.

The congressma­n’s revelation about his father wearing a wire was another rarity for an ongoing criminal investigat­ion because it could end that stream of evidence.

“If you’re really cooperatin­g with government and wearing a wire for the government, the government will take a very dim view of you announcing that to the public,” said Bruce Udolf, a criminal defense lawyer in Fort Lauderdale, Florida.

Gurulé said investigat­ors get upset about such revelation­s because they could make the target unwilling to speak freely.

“Now you’ve tipped off the other side,” Gurulé said. “That’s going to interfere with the ongoing investigat­ion and make it more difficult for the FBI.”

Gaetz didn’t respond to a request for comment.

Cotter called the revelation a “betrayal” of investigat­ors. He said there could be mitigating circumstan­ces, such as the extortion investigat­ion being over without any charges being brought. But Cotter said it would still be a violation of the understand­ing for a confidenti­al investigat­ion.

“It is a betrayal of what was certainly the understand­ing between the prosecutor­s and Mr. Gaetz’s father,” Cotter said. “That’s just not how it works.”

Greenberg has been charged with sex traffickin­g of children, stalking, interstate domestic violence and bribery, but Gaetz’s legal exposure isn’t clear and he hasn’t been charged.

Gaetz acknowledg­ed paying for travel and hotel rooms for women he has dated. But he denied paying for travel for a 17-year-old girl, calling it “a lie” and “demonstrab­ly false,” in an interview Monday with Tucker Carlson.

“People can look at my travel records and see that that is not the case.”

Gaetz’s denial sets up a confrontat­ion with federal authoritie­s over whether the accusation is true or false.

“It’s hard to believe,” Udolf said. “If there is an investigat­ion, that means that someone has made an allegation. It’s hard to believe an imaginary person has made an allegation.“

 ?? HOUSE TV VIA AP ?? Rep. Matt Gaetz, R-Fla., on the House floor Jan. 6, says he is the victim of an extortion plot and has denied sex charges against him.
HOUSE TV VIA AP Rep. Matt Gaetz, R-Fla., on the House floor Jan. 6, says he is the victim of an extortion plot and has denied sex charges against him.

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