Mike Johnson has a cunning plan:
Johnson could replace McCumber [non-partisan ckerk of the House] with a partisan GOP operative willing to manipulate the roll of incoming members. This Republican loyalist could then certify Republican victories in races Democrats actually won.Pay attention. This is the clever part.
"While the speaker does have the unilateral power to remove the clerk, his choice for a permanent replacement would have to be approved by a vote of House members," Toobin elaborated. "Mr. Morelle said that in that case, Speaker Johnson might not be able to persuade his slim Republican majority to replace Mr. McCumber."
"You'd have a number of members who are retiring, who I think would no longer be beholden to Johnson or the president, who I think would take a very, very dim view of efforts to overturn the election," Morelle added as a caveat.But if Johnson acts while he has authority, the retiring members will refuse to back his play. And if he waits until noon on January 3…he has to be sworn in as a representative again. And then re-elected as Speaker. And then rally a vote to replace the clerk with one who will…reject the elections of Democratic House members who’ve already been sworn in….
But the real nightmare involves timing, the legal analyst explained. Unlike the Senate, a continuing body that operates seamlessly between Congresses, the House ceases to exist at noon on Jan. 3 following each election. No member remains in office unless they're sworn in again.
A cunning plan, indeed.
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