Is Marco Rubio still a Senator as cited in the article below or is he the Secretary of State? https://factually.co/fact-checks/politics/trump-rubio-sneaking-money-equatorial-guinea-35b652

1. How the record changed: Rubio’s move from the Senate to the Cabinet

The formal congressional and executive records show that President Trump nominated Marco Rubio for Secretary of State in November 2024, the Senate held hearings in January 2025, and the Senate confirmed him by a near‑unanimous vote. Rubio was sworn into office as Secretary of State in January 2025, which constitutionally and practically ended his tenure in the Senate when his successor took the Senate oath. This sequence — nomination, confirmation, swearing‑in — is documented in the congressional nomination record and State Department materials ^{[1] [2]}.

2. Primary documentary evidence: confirmations and biographies

The Library of Congress nomination record and State Department biography provide primary documentation that Rubio was confirmed as Secretary of State in January 2025. Official government pages record the confirmation vote and the swearing‑in date, which are decisive legal milestones; once sworn into the Cabinet, Rubio no longer served as a U.S. Senator ^{[1] [2]}. Multiple public records and reputable outlets corroborate those dates and the transition out of the Senate ^{[3] [4]}.

3. Why some sources still call him “Senator” — timing and editorial lag

Some fact checks and news items written before or shortly after the nomination continued to call Rubio “Senator Marco Rubio,” either because they were published before his resignation or because editors did not update historic phrasing. Using a past or contemporaneous title is a common editorial lag rather than a legal argument about his status, and that appears to be what happened with the article you linked ^[5]. Other sites updated their references to “Secretary of State Rubio” once confirmation and the swearing‑in occurred ^{[6] [7]}.

4. Successor and seat vacancy mechanics: what happened to his Senate seat

Rubio’s confirmation and swearing into the Cabinet created a vacancy in the Senate that was filled according to Florida’s appointment or special election procedures. Public reporting identifies Ashley Moody as Rubio’s successor in the Senate seat after Rubio left office, reflecting the ordinary state processes for replacement. The transition of personnel in the Senate is distinct from the facts around the State Department appointment but confirms that Rubio no longer held a Senate seat after January 2025 ^[4].

5. Different narratives and potential agendas in coverage

Coverage that continued to call Rubio “Senator” or that framed the transition differently often reflects timing, partisan framing, or inattentive editing. Outlets favorable to Rubio or his critics can both have incentives to emphasize different titles depending on the narrative — for example, to stress continuity of influence or to mark a promotion to a national role. Readers should note that government records (nominations, confirmation votes, State Department bios) are the neutral, decisive sources on status, while secondary reporting can lag or reflect editorial priorities ^{[8] [9]}.

6. Bottom line and practical guidance for readers

As of the confirmed swearing‑in in January 2025, Marco Rubio serves as the U.S. Secretary of State and is no longer a U.S. Senator; any article that calls him “Senator” after that date is using an outdated title and should be updated or read with that caveat. To verify, consult the Congressional nomination record and the State Department biography for the concrete dates of confirmation and assumption of office; these are the authoritative sources ^{[1] [2]}.