Mike Johnson holdouts persist after Trump endorsement
Source: Axios
3 hours ago
House Speaker Mike Johnson (R-La.) is not out of the woods yet in his fight to retain his gavel even after receiving a crucial endorsement from President-elect Trump.
Why it matters: The Jan. 3 speaker election will now be an early test not only of Johnson's ability to lead his conference into the coming legislative battle but of Trump's as well.
Driving the news: Trump said Monday in a post on Truth Social that Johnson is a "good, hard working, religious man" who has his "Complete & Total Endorsement."
The endorsement came after weeks of right-wing anger towards Johnson for passing a government funding bill with bipartisan support. Trump himself was reportedly frustrated with Johnson for failing to tack on a debt limit increase something he is still demanding before Jan. 20.
State of play: Johnson is set to have just a 219-215 majority when the House returns on Jan. 3, meaning he will likely only be able to lose one vote.
Trump's endorsement pushed some uncommitted members, like Rep. Troy Nehls (R-Texas) and Josh Brecheen (R-Okla.), to back Johnson. But it hasn't swayed Rep. Thomas Massie (R-Ky.), the one House Republican who has said he plans to vote against Johnson. "I respect and support President Trump, but his endorsement of Mike Johnson is going to work out about as well as his endorsement of Speaker Paul Ryan," Massie said in a post on X.
Read more: https://www.axios.com/2024/12/30/mike-johnson-holdouts-trump-endorsement-jan-3
Lovie777
(15,343 posts)3 ..2 1
Grins
(7,958 posts)He doesnt give a royal squat about Moses. Its all about him.
Without a Speaker the House cant certify the election and that would effectively him. He wants no part of the shit HE put Biden through.
BumRushDaShow
(144,778 posts)The House "hosts" the Joint session where the U.S. Constitution and the various iterations/updates of the Electoral Count Act have the VICE PRESIDENT OF THE UNITED STATES (who is "President of the Senate" ) do the "certification" in a "Ceremonial Role".
I.e., - this is the latest that is in effect after being inserted in an Omnibus Appropriations bill and enacted - https://www.congress.gov/bill/117th-congress/senate-bill/4573/text
(snip)
TITLE IElectoral Count Reform Act
SEC. 101. Short title.
This title may be cited as the Electoral Count Reform Act of 2022.
(snip)
SEC. 109. Clarifications relating to counting electoral votes.
(a) In general.Section 15 of title 3, United States Code, is amended to read as follows:
§ 15. Counting electoral votes in Congress
(a) In general.Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer.
(b) Powers of the President of Senate.
(1) MINISTERIAL IN NATURE.Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint meeting shall be limited to performing solely ministerial duties.
(2) POWERS EXPLICITLY DENIED.The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.
(c) Appointment of tellers.At the joint meeting of the Senate and House of Representatives described in subsection (a), there shall be present two tellers previously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Representatives by the presiding officers of the respective chambers.
(d) Procedure at joint meeting generally.
(1) IN GENERAL.The President of the Senate shall
(A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and
(B) upon opening any certificate, hand the certificate and any accompanying papers to the tellers, who shall read the same in the presence and hearing of the two Houses.
(2) ACTION ON CERTIFICATE.
(A) IN GENERAL.Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any.
(B) REQUIREMENTS FOR OBJECTIONS.
(i) OBJECTIONS.No objection shall be in order unless the objection
(I) is made in writing;
(II) is signed by at least one-fifth of the Senators duly chosen and sworn and one-fifth of the Members of the House of Representatives duly chosen and sworn; and
(III) states clearly and concisely, without argument, one of the grounds listed under clause (ii).
(ii) GROUNDS FOR OBJECTIONS.The only grounds for objections shall be as follows:
(I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1).
(II) The vote of one or more electors has not been regularly given.
(C) CONSIDERATION OF OBJECTIONS.
(i) IN GENERAL.When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.
(ii) DETERMINATION.No objection may be sustained unless such objection is sustained by separate concurring votes of each House.
(D) RECONVENING.When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.
(snip)
And on January 6, "the President of the Senate" WILL BE VP KAMALA HARRIS.
Pototan
(2,167 posts)do any business until they choose a Speaker. And certifying the election is considered "business".
Polybius
(18,575 posts)I posted this thread the other day on the subject.
What happens if we don't elect a House Speaker by January 6th?
BumRushDaShow
(144,778 posts)The OP you posted is bizarre as it completely eliminates the President of the Senate - who is the Vice President of the United States - Kamala Harris - who is the one who will be certifying BY LAW.
Do you remember all the "Mike Pence" drama??
Remember this guy?
Then-Speaker of the House Nancy Pelosi wasn't doing anything with the "Certification" except "hosting" the Joint Session.
Politics Dec 23, 2022 5:12 PM EST
By
Nicholas Riccardi, Associated Press
Congress on Friday gave final passage to legislation changing the arcane law that governs the certification of a presidential contest, the strongest effort yet to avoid a repeat of Donald Trumps violence-inflaming push to reverse his loss in the 2020 election. The House passed an overhaul of the Electoral Count Act as part of its massive, end-of-the-year spending bill, after the Senate approved identical wording Thursday. The legislation now goes to President Joe Biden for his signature.
Biden hailed the provisions inclusion in the spending bill in a statement Friday, calling it critical bipartisan action that will help ensure that the will of the people is preserved. Its the most significant legislative response Congress has made yet to Trumps aggressive efforts to upend the popular vote, and a step that been urged by the House select committee that conducted the most thorough investigation into the violent siege of the Capitol.
The provisions amending the 1887 law which has long been criticized as poorly and confusingly written won bipartisan support and would make it harder for future presidential losers to prevent the ascension of their foes, as Trump tried to do on Jan. 6, 2021. Its a monumental accomplishment, particularly in this partisan atmosphere, for such a major rewrite of a law thats so crucial to our democracy, said Rick Hasen, a law professor at the University of California Los Angeles. This law goes a long way toward shutting down the avenues Trump and his allies tried to use in 2020, and could have been exploited in future elections.
On Jan. 6, Trump targeted Congress ratification of the Electoral Colleges vote. He tried to exploit the vice presidents role in reading out the states electors to get Mike Pence to block Biden from becoming the next president by omitting some states Biden won from the roll. The new provisions make clear that the vice presidents responsibilities in the process are merely ceremonial and that the vice president has no say in determining who actually won the election.
(snip)
I don't understand why people are suddenly erasing Kamala Harris from existence. SHE is the Vice President and SHE is the PRESIDENT OF THE SENATE who is the primary functionary for the Electoral College.
Polybius
(18,575 posts)There was a Speaker in 2020. I merely asked what can happen if there's none by the 6th, since no business can take place until a Speaker is elected. It looks like it was answered, that they would count anyway.
BumRushDaShow
(144,778 posts)when they were all supposed to be "sworn in". Yet the Clerk and Sergeant-at-Arms and some others WERE sworn in (not in the normal order but done nonetheless BEFORE there was any "Speaker of the House" ). And that Clerk of the House shepherded the proceedings along.
In fact, it took 15 votes to get a SOH (I watched the whole damn thing on CSPAN - gavel-to-gavel) while there were "no Rules" either.
And you need to read the subthread to explain to you how the SOH has NOTHING to do with the "Electoral Count" process.
You can start here and read on down - https://www.democraticunderground.com/10143364393#post14
The link to a Roll Call (magazine) article was introduced in that above-linked post - https://rollcall.com/2024/12/24/protracted-gop-speaker-fight-could-complicate-electoral-college-count/
(Roll Call monitors and reports on the actions of Congress and also publishes the "Congressional Quarterly", which is a subscription service discussing the proceedings of Congress)
Posted December 24, 2024 at 12:03pm
Lingering ill will among House Republicans after another messy spending fight could complicate Speaker Mike Johnsons bid to retain the House gavel and potentially the Jan. 6 formalizing of Donald Trumps election victory.
As president of the Senate, Vice President Kamala Harris would be the presiding officer during a joint session of Congress that day to complete the American presidential election process. It is a constitutional duty that essentially requires her to oversee the certification of her 2024 rivals decisive victory.
To get to a swift and professional counting session, the House on Jan. 3 or perhaps in the following two days would need to elect a speaker, who would then administer the oath of office to the newly elected and reelected members.
If a protracted speaker fight lasts beyond 1 p.m. on Jan. 6, congressional scholars agree there are procedural options that could help ensure the counting and certifying of Electoral College votes that day.
(snip)
What I highlighted is ALL you need to focus on. The media wants to repeat the "clown show" of multiple votes, and 45 wants "his guy" in there, which is irrelevant to the certification process.
THE PRESIDING OFFICE OF THE CHAMBER FOR THIS SPECIAL SESSION WILL BE THE VICE PRESIDENT OF THE UNITED STATES.
There is no "legislative business" that the House really does when it comes to the Electoral Count. They are the "host" of a Joint Session of Congress. The one thing they would need to do, which was speculated on how it could be done, is appointing "Tellers" to tally on behalf the House (where the Senate does the same). That process is directed by a "presiding officer" (not necessarily a SOH for the House's purpose) and could be done by some unanimous consent motion or resolution.
Polybius
(18,575 posts)Last edited Wed Jan 1, 2025, 01:01 AM - Edit history (1)
So what was the holdup? I don't recall there being any "No" votes from Democrats for Pelosi that term. 2018 I remember a few.
BumRushDaShow
(144,778 posts)and in Jan. 2021 after the 2020 election. But there was wiggle room for her to lose votes among Democrats without needing the GOP to take her over the top - especially for the Jan. 2019 SOH vote (with (D)s at 235 and (R)s at 200).
In Jan. 2019, the split was (D) 222 - (R) 213, which is what we saw with the (R)s after the 2022 election, but there were some vacancies during that Pelosi vote, along with some who didn't vote (out with COVID), and a few who voted "present" - https://thehill.com/homenews/house/532444-pelosi-wins-speakership-for-fourth-time-in-dramatic-vote/
In the case of the GOP after the 2022 election and McCarthy - there was (and still is) a group of radical RW loons who were headed up by Gaetz and MTG, who made sure to make things as painful as could be to extract concessions out of the eventual winner, for the new House Rules.
Polybius
(18,575 posts)Only one small correction with your last paragraph though. MTG was not among the right-wing loons with Gaetz opposing McCarthy. You're thinking of Lauren Boebert. MTG was very pro-McCarthy for some reason.
BumRushDaShow
(144,778 posts)They were all putting on sideshow performances in the chamber during that whole fiasco.
Response to BumRushDaShow (Reply #21)
Polybius This message was self-deleted by its author.
BumRushDaShow
(144,778 posts)after they booted McCarthy and appointed an "Acting Speaker of the House" as I posted here - https://www.democraticunderground.com/?com=edit&forum=1014&thread=3364415&pid=3364415
By GARY D. ROBERTSON
Updated 11:02 AM EST, October 4, 2023
RALEIGH, N.C. (AP) As Kevin McCarthy got pushed out of his job as House speaker, in part by colleagues who helped put him on the dais nine months ago, one of his top lieutenants stepped in to preside at least temporarily.
North Carolina GOP Rep. Patrick McHenry took the gavel after Tuesdays vote to oust McCarthy a historic first for a House speaker. According to House rules, McHenry was picked from a list McCarthy was required to keep and will serve essentially as the acting speaker known as speaker pro tempore until the chamber figures out who will be the next leader.
(snip)
And again, the SOH doesn't have a role in "certifying". That is given to the "President of the Senate" which is the Vice President.
They are just using the House Chamber as a venue (because it is big enough to hold all the members of Congress).
Pototan
(2,167 posts)McCarthy was "booted" after he was chosen Speaker. The House was already organized and in session, and McCarthy had already chosen a Speaker Pro Tempe McHenry who could serve during a vacancy.
This is a brand-new congress which begins with no Speaker. The current Speaker does not carry over, and the rules are different during pre-organizing. A Speaker must be chosen to start a "New Congress" before any other business can be done, including choosing a "Speaker Pro-Tempe".
BumRushDaShow
(144,778 posts)The House has always designated "Pro Tempore" Speakers when the SOH is not there. In fact, those Pro Tems do most of the work and the actual SOH usually only steps in during the more significant votes and other events.
There are a number of positions that are voted on and sworn in by the PREVIOUS SOH's including the Clerk of the House and the Sergeant-At-Arms.
Did you forget what happened before McCarthy was even elected after 15 votes? The Clerk of the House "shepherded" the chamber's actions.
By Chandelis Duster, CNN
Published 10:27 AM EST, Thu January 5, 2023
CNN Cheryl Johnson, the House clerk who has presided over the contentious votes taking place this week during the speakership elections, is no stranger to turbulent times in the House of Representatives.
Already, in the nearly four years in which she has held the job, she has been present for two impeachment hearings as well as the January 6, 2021, Capitol riot.
Her typical duties include preparing and delivering messages to the US Senate, receiving messages from the US president and the Senate when the House is not in session, and certifying the passage of all bills and resolutions by the chamber. This week, she has presided over the chamber and called members to order.
Johnson was first sworn in as the 36th House Clerk by then-House Speaker Nancy Pelosi on February 25, 2019, and again on January 3, 2021. Along with the House Sergeant at Arms, she led House impeachment managers as they walked over articles of impeachment against Donald Trump to the US Senate in 2020 and 2021.
(snip)
January 6, 202311:08 AM ET
By Rachel Treisman
The speaker is usually the person running things in the House of Representatives. But in the absence of a speaker, that job has fallen to House Clerk Cheryl Johnson. Johnson has calmly guided proceedings, including doing the time-consuming and repetitive work of calling on lawmakers to make nomination speeches and cast their votes and announcing the results.
She also reminded them on Thursday to maintain decorum and order, including by refraining "from engaging in personalities toward other members-elect," in brief remarks that were met with a massive round of applause.
Johnson has drawn praise from both sides of the aisle this week for making sure the voting process remains respectful and orderly despite the fact that the House hasn't even been able to pass rules for its newest session.
(snip)
Lawmakers vote to elect a House clerk and other House officers when a new Congress gathers every two years. That usually happens right after the speaker election meaning even once the House chooses its speaker, it may go on to nominate and potentially elect a different clerk.
(snip)
I.e., the Clerk (and other officers in the chamber) can be "sworn in" for the new Congress by the previous SOH BEFORE a new SOH vote concludes with an election of the SOH and BEFORE there are any "new Rules". It's not the "normal order" but THAT is what happened in 2021.
I watched the whole damn thing on CSPAN for each day that it was on, including every minute of those damn 15 votes.
Again - the President of the Senate (VP of the U.S.) does the Electoral Count "certification".
Pototan
(2,167 posts)and I can't keep explaining it to you.
BumRushDaShow
(144,778 posts)I linked to where the Clerk of the House, who was sworn in by Pelosi BEFORE there was a vote for SOH, shepherded the session along until they finally had a Speaker 4 days AFTER the start of the 118th Congress.
Upthread I posted the most recent LAW indicates that -
I expect that Democrats will extract some Rules concessions out of Johnson in order to put him over the top.
They will have from Jan. 3rd to Jan. 6th to have to deal with what will be a Joint Session of Congress.
Pototan
(2,167 posts)But what's for sure, neither you nor I know exactly what the outcome is without a speaker.
The country would be going into one big gray area, Steve Smith, a professor of political science and global studies at Arizona State University, said about a speaker fight extending into Jan. 6. The one precedent that is clear and could help determine what happens is at the start of a new Congress, the election of the speaker is the first thing the House does.
Nothing else happens until the speaker is elected. Its been that way since 1789 when the first Congress convened, Smith said. Now, that worked just fine for the first Congress. But that could prove problematic here.
https://rollcall.com/2024/12/24/protracted-gop-speaker-fight-could-complicate-electoral-college-count/
BumRushDaShow
(144,778 posts)in a tab and have that article and what I indicated is also in the subtitle of that linked article -
THAT is why I linked to what happened with the start of the 118th Congress that proceeded "without a Speaker" and even "without Rules". They had a SWORN officer - the Clerk - handle the administrative functioning of the proceedings.
THAT Jan 3rd, 2021 - Jan. 7th 2021 period was a big GRAY AREA that they made it through so there is prescendent for how to proceed.
But again, the SOH really has no role in the Certification process. The House "hosts" the process (because they are a big enough chamber to hold everyone and is usually the venue for a "Joint Session of Congress" ).
The media is INTENTIONALLY eliminating and erasing the current Vice President out of any role for some idiotic racist fucking reason.
HARRIS *IS* the PRESIDENT OF THE SENATE AND PRESIDES OVER THE ELECTORAL COUNT CERTIFICATION.
Pototan
(2,167 posts)this can play out. It is not like McCarthy, as I have said. It is unprecedented and "gray", as the article describes.
My prediction is that we will never know which of us is correct. Here's my prediction of how this will play out.
About a dozen GOP House members will abstain or vote for another member or non-member on the first ballot. It may go 2 ballots, but then Johnson will get the needed votes, and they'll use the Trump inauguration as the reason (or excuse) to vote for Johnson. But as long as more than 9 members vote against Johnson on one of the ballots, it signals he's on a short leash, because 9 is the number needed to vote to vacate and once Trump is sworn in, there is no longer a reason (or excuse) to fall in line.
The votes on the budget, immigration, the debt ceiling and extending the tax cuts are going to be contentious. I can't see Johnson surviving all of those with a caucus that insists that the Speaker not deal with the Democrats.
BumRushDaShow
(144,778 posts)The speaker has two formal roles on Jan. 6, Levitt said: selecting the two tellers who read out the votes and overseeing the House during any debates over objections to the Electoral College votes.
Levitt said the teller portion could likely be handled by majority vote or unanimous consent and objections would be unlikely under the new, higher threshold to sustain them established by the 2022 overhaul to the law governing the counting of presidential electoral votes. Dubbed the Electoral Count Reform Act, the law was enacted as part of a bipartisan reaction to the Jan. 6, 2021, attack on the Capitol and laid out specific procedures for presidential election certification, challenges and more.
I posted a link to the Electoral Count Reform Act upthread (along with an excerpt in the post).
I.e., the SOH basically "hosts the session" and "a presiding officer" (doesn't explicitly say "Speaker of the House" ) would need to select the House's "Tellers" (and the Senate will select their own "Tellers" ), however each chamber agrees to do so. This is where they indicate the House could actually vote on some resolution to name those people (probably staffers who might be still there who have done it before).
I think there were 2 for each Chamber and they sit at the dais and tally and then compare.
Here is Al Gore in 2001 presiding AS VICE PRESIDENT AND PRESIDENT OF THE SENATE -
Vice President Al Gore presides over the counting of his narrow Electoral College loss on Jan. 6, 2001.
Kenneth Lambert/AP
The 2 seated on the bottom row to the right (when facing the dais) appear to be 2 Tellers. The other 2 would be to the left (when facing the dais) but are not there (there are 2 empty chairs there).
In order to "Object" to a state's submission (where they then break out into their individual chambers to debate), the threshold is much higher so there will be little chance of any "objections" actually proceeding like they did in 2021.
More from that article -
The House, along with the Senate, also typically passes a concurrent resolution to enter in the joint session and lay out the procedures they will follow. Levitt pointed out that those same procedures are also laid out in the 2022 electoral count law, and Harris could rely on the statute to proceed with the count.
As far as the Constitution goes, all the things you need are the Senate, the House and the president of the Senate, who is the sitting vice president, Levitt said.
As a CSPAN junkie, I *watched* the ENTIRE certification process on CSPAN - literally until just after 4:00 am ET on January 7 when they finally finished up. This included each chamber in their own "break out" sessions (with CSPAN on my TV and CSPAN2 streamed on my laptop) debating the objections. They originally objected to 4 states but after the mess of the invasion of the chambers, they eventually decided to just do 2 - my state of Pennsylvania and Arizona.
And it is correct that NO HOUSE BUSINESS will get done - i.e., "legislation". But the House doesn't have a role in "Certification" except to "host the Joint Session of Congress".
Pototan
(2,167 posts)I live in the Philippines and it's almost 10:00 PM here on New Year's Eve and I have some people over.
I don't want you to think because this is my last reply to you on the subject, that I agree with you. You may be correct or may not. We'll probably never know. There are plenty of experts on both sides of this.
We are on different sides of this issue. but, in the grand scheme of things it really doesn't matter as America may be facing the loss of its Democracy in the next year or two,
Happy New Year.
BumRushDaShow
(144,778 posts)and remember when you signed up.
My point is - the fiasco of the 15 votes to get a SOH in 2021 actually set a "precedent" for how to proceed absent an actual Speaker, and we know that the House "functioning" itself would essentially be neutered.
But the SOH has no role in the Electoral Count. It's the media and 45 trying to get attention by manufacturing a "crises" in order to get their "problems" resolved and their selected SOH candidate in.
Hope you have a Happy New Year as well. I think all of us need one.
Evolve Dammit
(19,240 posts)Response to BumRushDaShow (Original post)
Terry_M This message was self-deleted by its author.
underpants
(187,611 posts)Massie wants the job for God knows what reason other than vanity