So you know. Having no Speaker now would not be like the beginning of a Congress where nothing else can happen until a Speaker is elected.

The House passed its operating Rules in January; so committees, etc., can still do their work. A temporary speaker steps up to preside.
The House can still vote on matters w/a temporary speaker but the person wouldn't have the full powers of an elected Speaker which extend beyond functioning in the chamber. The temporary speaker is on a list created by the Speaker.

Politically, voting may be off the table tho.
What IS a bit of a problem is the Speaker of the House of Representatives is a CONSTITUTIONAL position, & a vacancy creates a gap in line for POTUS succession purposes (#2 in line by statute). This affects natsec interests of course as the Speaker has a role in those at times.

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More from @McAdooGordon

Oct 3
My take on Gaetz' move to take down McCarthy:

1. Democracy is messy. Wanting it to be otherwise is pointless.

2. Procedures allowing 1 person to call a timeout or recall leadership are necessary for times when there's a real problem & everyone else is afraid to say so.
3. Any process can be abused. That doesn't mean you eliminate that process, especially if it serves an important purpose sometimes - see #2 above.

4. When powerful people want to eliminate such a process is exactly when you know it's something you should definitely hold on to.
5. So they will vote on it & any motions on it & maybe McCarthy gets booted & maybe he doesn't & whoever is the Republican Speaker at the end of the day is the Republican Speaker, and life and the House will go on.
Read 8 tweets
Sep 10
Lawsuits have a role, & so does impeachment. But lawsuits & impeachments have standing & procedural issues & uncertain outcomes.
This situation also requires direct actions:

1. complaints to the Gov’s office by individuals & groups; 2. complaints also to NM legislators;
3. pressure from NM & national GOP politicians;
4.statements from groups & lawyers condemning it;
5. open defiance of the suspension.
If you live in NM, write & call your state reps.

ALSO write & call your federal rep & two Senators: tell them you expect them to act to protect your federal rights in NM.

Link for NM Senators & Congress members: lasg.org/what/legislati…
Read 6 tweets
Sep 10
This video serves as a litmus test. You either listen to it & respond, “That’s right, we need to do something,” or you think, “You can’t override the Constitution like that.”

The first response acquiesces to tyranny.

The second insists on liberty.

If you’re in the 1st group: you are part of the problem.

If you’re in the 2nd group, start figuring out now what to do about it because now:

1. everyone is going to have to pick a lane, &

2. everyone in our group is going to have to get involved righting our ship of state.
If you’re already in group two - the liberty lovers - use this video as a litmus test. Get anyone in your sphere of influence who is still “in the middle,” or “an independent” to watch it & get their reaction. Are they in group one or two? We need to know where everyone stands.
Read 10 tweets
Sep 7
You know, I think I have some questions about this. 🤔
I’m terrified for the lives of my children, but let me just squeeze in a quick selfie? 🤔 Image
I have a broken leg but I’m totally standing upright without support using both hands to take this selfie in the immediate aftermath? Image
Read 8 tweets
Aug 23
In Nixon v. Fitzgerald, the former federal employee who sued Nixon argued it couldn’t be w/in the functions of the POTUS to fire an employee (for whistleblowing) who could only be fired for a cause that promotes the efficiency of federal service.
The SCOTUS rejected that framing of the question. It said:

“This construction would subject the President to trial on virtually every allegation that an action was unlawful, or was taken for a forbidden purpose. . . .
Adoption of this construction thus would deprive absolute immunity of its intended effect.”

The Court said that since Nixon had the authority to direct the Sec of the USAF’s conduct of the Air Force & the Sec had authority to reorganize & do a reduction in force (RIF), . . .
Read 7 tweets
Aug 20
Reminder for tonight’s Spaces: we are talking LAW, not politics.

While politics influences (for good & bad) what the law is & its application & therefore political considerations may come up, we are not discussing the coming election itself & our various views on that.
Lawyers are (& should be) able to discuss legal issues separate from political considerations, & also to offer opinions on how politics may affect a case WITHOUT it mattering what their own politics are. You should expect them to be able to do that.
Lawyers absolutely expect that of other lawyers. Not all lawyers do it, of course, but they should be able to. If they don’t or won’t, then their views on what the law is or should be carry less weight. This is how lawyers are trained to think.
Read 15 tweets

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