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How a long speaker fight could impact Trump’s ability to start his next term

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If Republicans fail to elect a speaker Friday, the ensuing chaos could impact two of the most crucial moments enshrined in the Constitution: the Jan. 6 certification of the 2024 election, and — if things really go haywire — the Jan. 20 inauguration of President-elect Donald Trump.

Trump has endorsed Speaker Mike Johnson for another stint atop the House and has privately indicated that he doesn’t want Republicans delaying his priorities with a drawn-out speaker fight. But Johnson’s restive right flank is weighing opposing him anyway, and the House is essentially frozen until it elects a speaker. So if the election to lead the House is significantly delayed, it will have a cascading effect that could upend the transfer of power from Joe Biden to Trump in unpredictable ways.

“I don’t think Trump has any interest in messing with the [certification]. And so there’s going to be a lot of pressure to coordinate on someone without a protracted fight,” said Matthew Glassman, a former Hill staffer who now studies congressional procedure as a senior fellow at the Government Affairs Institute at Georgetown University.

Constitutional and congressional experts have gamed out a handful of scenarios that could result, depending on how long the battle ensues. Here’s a look at some of the scenarios and details to watch should this fight enter uncharted territory:

A temporary speaker
If it becomes clear that Johnson can’t win the gavel, congressional experts say the least chaotic path for the House would be to elect a temporary or “caretaker” speaker.

“Jan. 6th serves as an obvious backstop to the speaker election. But not entirely,” Brendan Buck, a former aide to two GOP speakers, said Thursday. “They could just approve a resolution placing someone in the chair for the time-limited purpose of overseeing the joint session, and then go back to the speaker debate.”

This person would be tasked with swearing in all incoming House members, adopting procedures to govern the certification of the 2024 election and convening the House on Jan. 6 so lawmakers can meet to count the votes of the Electoral College, finalizing Trump’s victory.

After the election is certified, the caretaker speakership would end, facilitating the election of a permanent speaker. The biggest question about this path is whether Johnson himself would support it. His allies have been making the case that he must be elected speaker to ensure that Trump’s certification as president is not delayed. If he endorses a caretaker speakership, he instantly loses that leverage.

Convening the joint session
In presidential transition years, Congress uses its first day to adopt procedures to govern the Jan. 6 joint session to certify the election results. These procedures, which have traditionally been adopted by both the House and Senate, bind both chambers to the federal laws that govern the transfer of power.

A chaotic opening to the House’s 2025 session could threaten its ability to pass those procedures, creating yet another question mark around the certification of the election.

So far, leadership in both chambers have declined to comment on the status of their efforts to adopt procedures for the joint session, but if Johnson fails to corral enough votes to claim the speakership on Friday, the fate of these procedures could be the first bellwether of further procedural chaos on Jan. 6.

The wildest scenario
The most extreme, maximally chaotic outcome of this battle is a protracted speakership fight without a caretaker, one that stretches so deep into January it threatens the inauguration.

Most experts expect the House to get its act together by then, if only to avoid this precise scenario, but given the chamber’s chaos, it’s hard to count anything out.

It would be a power struggle with no precedent to guide the results. The letter of the Constitution says Biden’s term ends on Jan. 20 at noon, and if there’s no successor certified to take office, the job would fall to the first person in the presidential order of succession. Without a speaker, this would be the Senate President pro tempore, expected to be 91-year-old Chuck Grassley of Iowa, the most senior Republican member of the Senate.

It is hard to imagine congressional Republicans letting it get to this point, potentially denying Trump the triumphant return he craves and delaying — if not derailing — the start of his presidency. Much like the caretaker speakership, this could in effect be a caretaker presidency until the process facilitates Trump’s return to office.

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Congress

Markwayne Mullin’s DHS nomination not at risk from Rand Paul, Thune says

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Senate Majority Leader John Thune said he is confident Sen. Markwayne Mullin will be confirmed as the next secretary of Homeland Security despite a contentious exchange with fellow GOP Sen. Rand Paul at a hearing Wednesday.

Paul, the chair of the Homeland Security and Governmental Affairs Committee, sharply questioned the Oklahoma senator about past remarks that he “understood” why Paul suffered a heinous assault from a neighbor in 2017. Mullin refused to apologize for the remark.

“Those two obviously have some history, and it’s, you know, personal stuff,” Thune said. “They’ve got to work through it. I mean, in the end, this is about the job, and it’s about making sure that we got the right person there. I think Markwayne is the right person for the job.”

Asked if he was still confident Mullin can be confirmed, Thune said, “Yeah.”

Paul has scheduled a committee vote on Mullin for Thursday. While Paul’s vote is in serious doubt, Mullin could win over Democratic Sen. John Fetterman of Pennsylvania, who has expressed support for Mullin previously and said Wednesday he would approach the nomination “with an open mind.”

“I haven’t been rocked by some mic-dropping kind of moments,” Fetterman told reporters after the hearing.

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Mullin says he regrets calling Alex Pretti ‘deranged’

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Sen. Markwayne Mullin said he regretted calling Alex Pretti “deranged” but stopped short of offering a direct apology to Pretti’s family.

“I shouldn’t have said that,” the Oklahoma Republican said during his confirmation hearing Wednesday to serve as the next Homeland Security secretary. He was referring to his past comments regarding the U.S. citizen killed by federal immigration enforcement agents in Minnesota back in January, who some conservatives in the immediate aftermath labeled a “domestic terrorist.”

It was a stronger concession than Mullin gave just moments earlier, when he refused to apologize for calling Sen. Rand Paul (R-Ky.), the chair of the Homeland Security and Government Affairs Committee, a “snake.” Still, when pressed by the committee’s top Democrat, Sen. Gary Peters of Michigan, Mullin would not commit to apologizing to Pretti’s family until the conclusion of an investigation into the incident.

“If I’m proven wrong, then I will,” Mullin said.

Regarding Renee Good, another U.S. citizen killed by immigration enforcement officers in Minnesota earlier this year, Mullin refused to retract comments he made at the time of Good’s death, specifically that agents were justified in killing her. He told BLN in January that agents “had the right to defend themselves.”

He said he would wait for the findings of the investigation into Good’s killing to comment further; Sen. Richard Blumenthal (D-Conn.) countered that the Trump administration is currently blocking state and local inquiries.

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Mullin markup still on

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A committee vote on Sen. Markwayne Mullin’s confirmation as Homeland Security secretary remains on track for Thursday despite a fiery sparring session Wednesday between the Oklahoma Republican and Sen. Rand Paul of Kentucky, the chair of the panel that must approve his nomination.

A spokesperson for Paul said after the tense exchange — during which Mullin refused to apologize for comments saying he “understood” why Paul was violently assaulted in 2017 — that the committee vote “is on for tomorrow.”

As chair of the Homeland Security and Governmental Affairs Committee, Paul has wide latitude to schedule action on Mullin’s nomination.

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