The Washington Post first reported Friday that career prosecutors have recommended not pursuing charges against Gaetz, in part due to concerns about the credibility of potential witnesses. It would be highly unusual for political appointees at the Justice Department to press forward with a prosecution in the face of opposition from top career officials.
Gaetz’s peril in the investigation seemed to intensify last year when a former close friend, former Seminole County, Fla., Tax Collector Joel Greenberg, pleaded guilty to six federal crimes including a sex trafficking charge and agreed to cooperate with prosecutors.
The probe into Greenberg steered authorities to look into Gaetz and several other men in Florida and led to the prosecution of Joe Ellicott, a collectibles dealer who was named on a federal grand jury subpoena along with Gaetz.
However, signs of activity in the probe seemed to slow in recent months even as some predicted action in the case by the end of summer. Earlier this month, when the Justice Department entered into a pre-election quiet period for politically-charged investigations without any charges being brought, the chances of charges against Gaetz appeared to dim.
Greenberg’s sentencing has been repeatedly delayed as his cooperation with the feds continued. The precise reasons for the delays were unclear, but defendants aiding the government in an investigation typically want to be able to show the court as much assistance as possible, including grand jury or trial testimony if required.
“Mr. Greenberg has been cooperating with federal prosecutors in active investigations currently being conducted by the United States Attorney’s Office in the Middle District of Florida and the Department of Justice in Washington D.C, as well as in other jurisdictions, Greenberg’s defense attorney Fritz Scheller said in a July court filing.
The submission, along with other information given to the court under seal, prompted U.S. District Court Judge Gregory Presnell to put Greenberg’s sentencing off until Dec. 1.