Trump as Speaker of the House? That’s Not a Thing . . . but He Could Be if God Has A Wicked Sense of Humor

October 5, 2023October 5, 2023 Michael Matheron2 Comments

Among the battier ideas floated by GOP congressloons is the movement to install Donald Trump as Speaker of the House. Even though a Speaker does not need to be a member of Congress (imagine Rudy Giuliani as Speaker) they must be qualified to serve according to (present) House party rules. Trump, current holder of a record four criminal indictments and personally a pile of dung, manifestly fails to pass muster under both Republican and Democratic party rules. Although it must be noted, neither party forbids a “pile of dung” to serve as Speaker, nota bene Newt Gingrich (1995-1999). Yet, below I set out a (hopefully wacky) scenario whereby Trump just might sneak into the speakership with a little help from his minions . . . I mean, friends.

Rules, Schmules!

Here’s the present lay of the land that would, if interpreted by relatively sane persons, would bar Trump from the speakership:

Republican Conference Rules of the 118th Congress: Rule 26—Temporary Step Aside of a Member of Leadership who is Indicted (a) A member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed.

Rules of the Democratic Caucus: Rule 4. Temporary Step-Aside of a Member of the Leadership Who Is Indicted
A. The Speaker, Democratic Leader, Democratic Whip, Assistant Speaker, Chair or Vice Chair of the Caucus, Chair of the DCCC, DPCC Chair, any one of the DPCC Co-Chairs, CLR, FLR, or BLR who is indicted for a felony for which a sentence of two or more years of imprisonment may be imposed shall step aside and cease to exercise the power of their office.

As a sidelight, Trump himself at first said he wasn’t interested in serving as Speaker. His target was the presidency. Then, a day later, he made soundings that yes, he’d be available under certain circumstances, “All I can say is we will do whatever is best for the country and other Republican Party and people.” (Well, if you really mean that, then drop dead Mr. Trump.)

I Am Not a Relatively Sane Person, So Here’s My Fantastical Scenario

Happily for most, sadly for MAGA-ites who would like nothing better than to own the libs with a Trump speakership, a Speaker Trump (likely) will never occur. I write “likely” because it would require the GOP to revise their rules to allow indicted persons to serve as Speaker. One can readily imagine Trump ordering them to immediately change Rule 26, and them obeying. The new Rule 26, applicable to Republicans, would dispense with the indictment prohibition and the “step aside” requirement thereby permitting Trump, if voted in as Speaker, the permission to take the chair and remain in it, until he’s arrested by the Sergeant-At-Arms for something unspeakable. Neat, huh?

Buttttt…….would it matter that the Dems retained Rule 4 and maintained their rule disqualifies Trump? Nope; GOP rules apply to GOP troglodytes. Easily daunted, Dems would grouse that their Rule 4 controls but they’d do so in such a civil tone that no one would hear it. So, should this comical scenario result in an Unspeakable Speaker of the House Trump expect more chaos, more dogs and cats raining down from the heavens, more shoes wandering the streets unaccompanied, and, in the end, a Congress that only God, with an omniscient sense of humor, could conjure.

The Audacious Patrick McHenry, Speaker Pro Tempore, and His Bold Housing Agenda

October 4, 2023October 4, 2023 Michael Matheron2 Comments

Yesterday, quickly following the removal of Speaker of the House Kevin McCarthy, a stand-in Speaker, aka Speaker Pro Tempore, became necessary under House rules. According to these rules, in January, McCarthy was required to provide the House clerk a then secret list of members that temporarily serve as Speaker of the House if the office became vacant.

So it came to pass that Patrick McHenry, McCarthy’s buddy, and a nine-term North Carolina Republican, was the first name on his list. He immediately took the gavel in hand and then the bull by the horns, boldly announcing the House in recess “subject to the call of the chair,” i.e., himself. How long a recess is unknown, although most expect the House back next week, thus giving members time to kibbitz and jockey and bloviate, and lie.

McHenry, allowing no grass to grow under his feet, then began Speaker Pro Teming, attacking pressing national concerns. After all, his ProTem powers under House rules allow him to govern issues deemed “necessary and appropriate.” After scurrying off the House floor, McHenry warmed to his powers immediately by addressing the massive housing crisis afoot in the House, where GOP members often live in the corridors and restrooms.

Phase one was decisive, summarily throwing 81-year-old Speaker Emerita Nancy Pelosi out of her honorific office. These few so-called “hideaway offices,” are traditional and intended to honor a few significant House members. Not a fan of tradition, according to AXIOS, McHenry’s “email asked Pelosi’s staff to ‘vacate the space tomorrow’ at which point the locks to the office will be changed.” Although Pelosi was in California at services for Diane Feinstein, 24-hour notice is apparently “necessary and appropriate,” not to put too fine a point on McHenry’s good nature. He would not be simply an empty suit, he would move ahead on vital issues, something new for his GOP majority in the 118th Congress. À la the French Revolution’s firebrand Georges Danton, McHenry is all in: “De l’audace, encore de l’audace, et toujours de l’audace.” What a checklist he must have. And lo and behold the audacious Mr. McHenry struck again, this morning, evicting 26-term, 84-year-old Maryland congressman Steny Hoyer; “No more hideaway for you!”

Many GOPers already jockey for pride of place in the reassignment of Pelosi’s and Hoyer’s offices. Moreover, expect more of the same. Mr. McHenry’s daring new House Housing Directorate is open for business. L’Audace!

Blow by Blow: The Battle to Remove Kevin McCarthy as Speaker of the House

October 3, 2023October 3, 2023 Michael Matheron1 Comment

5:49 pm (EDT) Click this URL for additional updates

4:01 pm (EDT): The House is voting on the motion to vacate. Will the Democrats vote it down which will likely save McCarthy’s day job. The GOP MAGA-ites – like Gaetz, the present ringleader – will all vote to approve the resolution but Democratic votes will be enough, I believe, to defeat the measure. Whether retaining McCarthy as Speaker will be for the best, well, let’s not forget he’s no friend to Democratic values despite the deals he’ll make with Democrats to retain the speakership. It may, however, help grease the wheels for more truly bipartisan votes on issues like Ukrainian aid, social spending budgets, debt limit negotiations, etc. Never forget, Kevin McCarthy is all about Speaker Kevin McCarthy, and he’ll do almost anything to retain that title.

4:50 pm (EDT): The Speaker’s chair is vacant by a vote of 216-210, NO Democratic votes, probably meaning that no deal was offered by the Democratic leadership, or McCarthy rejected it. Boy, was I wrong! But, in my favor, I was confidently wrong.

5:10 pm (EST) Patrick McHenry (R-NC), not quite a MAGA-ite, is Speaker of the House Pro Tempore until a new Speaker is chosen. What powers he has while Pro Tem is unknown, except presiding until the new Speaker is chosen, but what is “presiding”? More on this question in a future post.

5:33 pm (EST) New York Times reporter Robert Jimison posted this:

Representative Matt Gaetz of Florida, who led the effort to remove Kevin McCarthy as speaker, celebrated the ousting of his Republican colleague on the steps of the Capitol moments after the vote. “It’s to the benefit of this country that we have a better speaker of the House than Kevin McCarthy,” Gaetz said. “Kevin McCarthy couldn’t keep his word.” Gaetz said that McCarthy should not run again for the speakership. He also shot down the idea he might put his own name in the hat to become the next speaker. “Absolutely not,” he said.

BREAKING (5:10 pm EDT) Update 04- McCarthy OUT as Speaker . . . Vacating the Chair, but Which Chair(s)? Bringing Down Kevin McCarthy, Matt Gaetz, and the GOP House?

October 3, 2023October 3, 2023 Michael Matheron1 Comment

Note 3:43 EDT: I interrupted writing this post about the battle over removing Kevin McCarthy as Speaker because the pace of House proceedings galloped ahead at a pace I didn’t expect to occur so soon. I will complete the original post following the vacate votes, but as a retrospective piece rather than it appears now as a prospective piece. I will, below, continue to update, however, as today’s proceedings continue.

4:50 pm (EDT): The Speaker’s chair is vacant by a vote of 216-201, NO Democratic votes, probably meaning that no deal was offered by the Democratic leadership, or McCarthy rejected it. Boy, was I wrong!

Hoist With His Own Petard

Cast of characters: the initial petardier in this saga was Kevin McCarthy. It was he alone who coveted the speakership so fully that he agreed to various concessions to the manically MAGA wing of congressloons, including two in particular, (1) that he would not work with Democrats to get bills successfully passed, and (2) that he agree to permit a vote on his retaining the speaker’s chair based upon the motion of one house member rather than the vote of a majority of one party. These two are the petards he was hoist by. And now he faces a very tough fight to remain Speaker of the House.

Bad odds, but this is the 118th Congress and it’s loaded with GOP petardiers, in fact, the MAGA wing might as well wear the tee shirt. So, McCarthy has a chance to survive, and the principle agent of his redemption could be his antagonist-in-chief, Matt Gaetz (GOP-FL), who yesterday brought the dreaded “motion to vacate the chair.”

So, Mr. Speaker, many in your own party aren’t particularly fond of you. And, of course, Democrats en masse aren’t well disposed either, because, well, you’re McCarthy, and lately you blamed Democrats for nearly shutting down the government. This despite the vote wherein more Democrats than Republicans voted for to the bill to extend government funding and stop a government shutdown (for 45 days anyway). Despite all these generally inauspicious smoke signals, you gamely believe in yourself, saying to your caucus, “I’m confident I will hold on.” Nonetheless, given the politics involved, you just might . . . Particularly, should you strike a deal with Hakeem Jeffries, House Minority Leader, Democrats might vote to save you! The House is a seriously deliberative body after all. So, ship ahoy!

Yet, if you don’t survive you have yourself to blame, see paragraph one above. You hoisted yourself with your own petard by agreeing to obviously risky concessions to win the speaker’s chair that left you no room to assert yourself and truly lead the House. And to be undone by Matt Gaetz, among the worst cretins Florida has ever produced. . .

Whose Chair(s) Will be Vacated?

For starters, here’s a chart of the procedure for hoisting McCarthy out of his chair. Note that the entire House votes on the motions and a simple majority rules (excluding members who vote “present”). The speaker’s role is assumed by House members other than McCarthy. These steps are to be completed within two legislative days, which (surprise, surprise!) may be extended indefinitely.

As I write this the motion to vacate has begun (230 pm). They have 15 minutes to cast their votes. The motion to table failed in a 218-208 vote, meaning the House will advance to the motion to vacate House Speaker Kevin McCarthy (R-Calif.). Eleven Republicans and all Democrats present voted against the motion to table.

So, now it’s on to the motion to vacate. More as this develops. Thus far, Gaetz 1, McCarthy 0…..