Chad Pergram Profile picture
Jan 2 4 tweets 5 min read Read on X
1) The Hitchhiker’s Guide to Electing a House Speaker
 
The Constitution dictates that the 119th Congress begins at noonet on Friday.
 
And the first order of business in the House is to elect the Constitutional officer for the legislative branch of government: Speaker of the House.
 
Only the House votes for Speaker. And the House can’t do anything – I’ll repeat that, anything – until it chooses a Speaker.
 
It can’t swear-in Members until the House taps a Speaker and he or she is sworn-in. The Speaker then swears-in the rest of the body, en masse. Then the House must adopt a rules package to govern daily operations. Only then can the House go about debating bills, voting and constructing committees for hearings.
 
If the House fails to elect a Speaker on the first ballot, it must proceed to a second ballot.
 
And on and on.
 
Consider for a moment that the House had never even taken a second vote for Speaker in a century before the donnybrook two years ago. It took four ballots to re-elect late House Speaker Frederick Gillett, R-Mass., in 1923.
 
What is past is prologue for the House. Consider how the House consumed 15 rounds spread out over five days before electing former House Speaker Kevin McCarthy, R-Calif., in January, 2023. The Speakership remained vacant – and thus, the House frozen – for 22 days after Republicans dumped McCarthy nine months later. House Republicans then tapped House Majority Leader Steve Scalise, R-La., for Speaker. Scalise withdrew his name before there was even a floor vote. House GOPers then tapped Rep. Jim Jordan, R-Ohio, to become Speaker. But Jordan lost three consecutive votes for Speaker on the House floor, bleeding support on each ballot. House Republicans then anointed House Majority Whip Tom Emmer, R-Minn., for Speaker. Emmer withdrew hours later.
2) House Republicans finally nominated House Speaker Mike Johnson, R-La., for the job. The Louisiana Republican won on the floor. But some conservatives have been disappointed in Johnson ever since. They’ve flagged how he handled multiple, interim spending bills from last November on. They didn’t like that he allowed a bill on the floor to aid Ukraine. They opposed him doing yet another interim spending bill in September. They really didn’t like how he worked with Democrats on major, must-do pieces of legislation. And then there was the misstep of the staggering, 1,500-page interim spending package which Mr. Trump and Elon Musk pulverized from afar in December. Johnson then did President-elect Trump’s bidding with another spending package – which included a debt ceiling increase. But 38 House Republicans bolted on that bill.
 
So Johnson’s tenure has been bumpy. And that’s why he’s on the hook come Friday afternoon during the vote for Speaker. Everyone on Capitol Hill is on tenterhooks when it comes to wrapping this up expeditiously.
 
Here’s what will happen Friday at noon:
 
Acting House Clerk Kevin McCumber will preside until the House elects a Speaker. The first order of business is a “call of the House.” That’s where the House establishes how many of its Members-elect are there, simply voting “present.” The House should clock in at 434 members: 219 Republicans and 215 Democrats. There should be one vacancy. Former Rep. Matt Gaetz, R-Fla., resigned in the fall – and said he did not “intend” to serve in the new Congress, despite having won reelection.
 
Watch to see if there are absences in that call of the House. Fox is told that Democrats who have struggled with health issues of late – including Reps. Raul Grijalva, D-Ariz., Dwight Evans, D-Penn., and former House Speaker Nancy Pelosi, D-Calif., will likely be there. But the Speaker’s election is about the math. How many lawmakers report to the House chamber will dictate margins in the Speaker’s vote.
 
Then it’s on to nominating speeches. Incoming House Republican Conference Chairwoman Lisa McClain, R-Mich., will nominate Johnson for Speaker. House Democratic Caucus Chairman Pete Aguilar, D-Calif., will nominate House Minority Leader Hakeem Jeffries, D-N.Y. Anyone else can then place someone’s name in nomination.
 
Then, the House calls the roll of Members-elect alphabetically. Each Member rises and verbally responds, calling out their choice by name. Reps. Alma Adams, D-N.C., Robert Aderholt, R-Ala., and the aforementioned Aguilar are the first names out of the block.
 
But lawmakers can vote for anyone they want. That includes persons who aren’t House Members. That’s why there have been votes cast over the years for the late Gen. Colin Powell, Sen. Rand Paul, R-Ky., former Sen. Jeff Sessions, R-Ala., and former U.S. Comptroller General David Walker.
 
This is what Johnson – or anyone else must do – to win the Speakership:
 
The winning candidate must secure an outright majority of all Members voting for a candidate by name.
3) So let’s say there are 434 members and all vote for someone by name. The magic number is 218. If Johnson gets the votes of all 219 Republicans, he wins. If Johnson gets 218 votes, he also wins. But 217? No dice. Under those circumstances Johnson would have prospectively outpolled Jeffries, 217-215 – with two votes going to other candidates. But the “most votes” doesn’t win. 217 is not an outright majority of House Members voting for someone by name. The House must take ANOTHER ballot to elect a Speaker.
 
Fox is told there are anywhere from 12 to 17 Republicans who could vote for someone besides Johnson. And some Republicans are being cagey about their votes.
 
Here’s something to watch: Members who vote “present.”
 
Rather than voting for someone besides Johnson, some Republicans may protest by simply voting “present.” A “present” vote does not count against Johnson.
 
So let’s do some hypothetical math here:
 
Let’s say 434 Members cast ballots. Jeffries secures support from all 215 Democrats. Three Republicans vote “present.” In other words, not voting for any candidate by name. Johnson scores 216 votes. He has the most votes. But more importantly, only 431 Members voted for someone by name. 216 is an outright majority of 431. 434 doesn’t matter under these circumstances. So Johnson becomes Speaker.
 
But there is serious danger in too many Republicans voting “present.”
 
Consider this scenario:
 
All 215 Democrats vote for Jeffries. But five Republicans vote “present.” Johnson records 214 votes. 429 Members cast ballots for someone by name. The magic number here is 215. Guess who’s Speaker? Jeffries. He marshalled an outright majority of all Members voting for a candidate by name.
 
As they say in the movies, “You play a very dangerous game, Mr. Bond.”
4) With such a thin margin in the House, Republicans are absolutely tinkering with fire if they get too cute by half. Yes. Some conservatives might not want to re-elect Johnson as Speaker. But they certainly don’t want Jeffries.
 
So it’s hard to say what happens on Friday afternoon. If the House dithers too long, this could delay the certification of the Electoral College vote on Monday. The House and Senate must meet in a Joint Session of Congress on January 6 to certify the election results. No House Speaker? No Joint Session.
 
But something else will likely unfold if this drags on. Johnson loyalists and mainstream Republicans have had it with right-wing ideologues, the Freedom Caucus and other freelancers. Expect a full-on brawl between those two factions if Republicans struggle to elect a Speaker.
 
And as we wrote earlier, what is past is prologue.
 
A protracted battle over the Speakership serves as prologue to the looming, internecine fights among Republicans when it comes to governing. That’s to say nothing of implementing a solitary plank of President-elect Trump’s agenda.

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More from @ChadPergram

Dec 26, 2024
1) The Hitchhiker’s Guide to Failing to Elect a House Speaker Quickly

The problem has been percolating for a while.

It’s been subterranean. Lurking underneath the surface. Not necessarily perceptible.

Except to those who follow Congress closely.

But the issue gurgled to the top since the House stumbled badly trying to avert a government shutdown last week.

To wit:

Congress spasmed between a staggering, 1,500-page spending bill. Then defeated a narrow, 116-page bill – which President-elect Trump endorsed. Things got worse when the House only commandeered a scant 174 yeas for the Trump-supported bill and 38 Republicans voted nay. Circumstances grew even more dire when the House actually voted to avert a holiday government shutdown – but passed the bill with more Democrats (196) than Republicans (170). 34 GOPers voted nay.

It was long likely that House Speaker Mike Johnson, R-La., might face a problem winning the Speaker’s gavel immediately when the new Congress convenes at noon et on January 3. Congressional experts knew that Johnson could be in trouble once the contours of the reed-thin House majority came into focus weeks after the November election. This could blossom into a full-blown crisis for Johnson – and House Republicans –when the Speaker’s vote commences a little after 1 pm et next Friday.
2) Johnson emerges bruised from last week’s government funding donnybrook. Anywhere from four to ten Republicans could oppose Johnson in the Speaker’s race.

Here’s the math:

The House clocks in at 434 members with one vacancy. That’s thanks to former Rep. Matt Gaetz, R-Fla. He resigned his position for this Congress a few weeks ago. Even though Gaetz won re-election in November, his resignation letter – read on the floor of the House – signaled he did not plan to serve in the new Congress which begins in January.

This is the breakdown when the Congress starts: 219 Republicans to 214 Democrats.

President-elect Trump’s pick for National Security Advisor, Rep. Michael Waltz, R-Fla., remains in the House for now. So does Rep. Elise Stefanik, R-N.Y. Mr. Trump tapped her to serve as U.S. Ambassador to the United Nations. That’s pending Senate confirmation – perhaps in late January or early February. Once Waltz and Stefanik resign, the GOP majority dwindles to 217-214.

But the Speaker’s election on January 3 poses a special challenge. Here’s the bar for Johnson - or any one else: The Speaker of the House must win an outright majority of all Members casting ballots for someone by name. In other words, the person with the most votes does not win. That’s what happened repeatedly to former House Speaker Kevin McCarthy, R-Calif., when he routinely outpolled House Minority Leader Hakeem Jeffries, D-N.Y., for Speaker to begin this Congress in January 2023. But it took days for McCarthy to cross the proper threshold.

More on that in a moment.
3) So let’s crunch the math for Mike Johnson. If there are 219 Republicans and four vote for someone besides him - and all Democrats cast ballots for Jeffries, the tally is 215-214. But there’s no Speaker. No one attained an outright majority of all Members casting ballots for someone by name. 218 is the magic number if all 434 Members vote.

By rule, this paralyzes the House. The House absolutely, unequivocally, cannot do anything until it elects a Speaker. Period.

The House can’t swear-in Members. Technically, they’re still Representatives-elect. Only after the House chooses its Speaker does he or she in turn swear-in the membership.

The House certainly can’t pass legislation. It can’t form committees. It’s frozen in a parliamentary paralysis until it elects a Speaker.

Now, I hope you’re sitting down for the next part.

This also means that the House cannot certify the results of the Electoral College, making President-elect Trump the 47th President of the United States on January 6.

The failure to elect a Speaker compels the House to vote over and over….

And over.. and.. over..

Until it finally taps someone.

McCarthy’s election incinerated 15 ballots over five days two years ago.

The House settled into a Congressional cryogenic freeze for three weeks after Members ousted McCarthy in October of 2023. It burned through two Speaker candidates off the floor - House Majority Leader Steve Scalise, R-La., and House Majority Whip Tom Emmer, R-Minn., - and one candidate on the floor: Rep. Jim Jordan, R-Ohio.

So you see the problem.
Read 6 tweets
Oct 30, 2024
1) The Hitchhiker’s Guide on What Challenges To Expect on Capitol Hill After the Election

Truth be told, just after the election is when the hard stuff begins.

Election day is Tuesday. But in reality, that’s just the beginning of the process. It may take days to sort out who voters chose as President. Control of the House is razor tight. It may boil down to a handful of races decided by a grand total of several thousand votes. So don’t for a moment think we automatically know which party will be in the majority as election officials sort all of that out. There’s a scenario where a thin margin of contested seats in the House could spring several weeks of challenges.

Moreover, Article I, Section 5 of the Constitution dictates that the House and Senate “shall be the Judge of the elections, Returns and Qualifications of its own Members.” And it’s the new House in the new Congress next year which would decide whether or not to seat people if there’s a dispute.
2) Of course, that’s provided the House can elect a Speaker when the new Congress is Constitutionally-mandated to begin on January 3. Don’t forget that House Republicans incinerated a total of 27 days on two separate occasions to elect former House Speaker Kevin McCarthy, R-Calif., and current Speaker Mike Johnson, R-La.

We’ll come back to that in a moment.

In the meantime, let’s run through some of the hazards which could unfold after the final ballot is cast.

Let’s start with when we might learn which party controls either the House or Senate.

Election Day fell on November 8 for the 2022 midterms. But it wasn’t clear that Democrats held their Senate majority until late on the evening of November 12 when Sen. Catherine Cortez Masto, D-Nev., retained her seat.

Determining House control took even longer in 2022. Remember that McCarthy touted the possibility that Republicans might marshal as many as 50 seats. Republicans won the House by a thread. But the GOP majority was not clear until November 16.
3) In 2020, most news organizations projected on election night that Democrats would hold the House. But it wasn’t until December that a picture emerged showing how close Democrats came to losing their majority. It took weeks to sort out multiple House contests, decided by very few votes.

Control of the Senate from the 2020 midterms wasn’t even established until 2021. It took until January and a pair of runoffs in Georgia for it to be clear that Democrats tied the Senate – and thus seized the majority thanks to Vice President Harris and her capacity as President of the Senate.

These protracted election determinations are not a biproduct of recent polarization and controversy.
Democrats captured the Senate in the 2006 midterms. But it wasn’t clear until two days after the election once former Sen. Jim Webb, D-Va., defeated former Sen. George Allen, R-Va.

It’s likely we’ll have clarity on the Senate sooner rather than later this year. If Republicans enjoy a big night, who won the Senate could be known election night. That’s especially if the GOP is en route to a 53 or 54 seat majority. But if competitive Senate contests in Ohio, Pennsylvania, Wisconsin, Montana, Michigan, Nevada, Texas and elsewhere are all tight, it may take a few days to determine which party has the majority.

Regardless, the biggest order of business facing the Senate is who emerges as the new Republican leader.
Read 8 tweets
Oct 7, 2024
A) Vance on Fox: There's a bucket of money in FEMA that's gone to illegal aliens and that's somehow separate than the bucket of money that should by right go to American citizens. I think that misses the fundamental point that the Biden-Harris administration has turned FEMA effectively into an agency that helps to resettle and helps to deal with illegal immigration that is just fundamentally going to distract focus from their core job of helping American citizens in their time of need...you should have imposed military style command and control. You've got eight different bureaucratic organizations. You've got a lot of different bureaucratic fiefdoms that sometimes delay the provision of necessary resources. You need to empower a military commander on the ground to get helicopters to where they need to go, to get supplies, to where they need to go, to cut through some of the FAA bureaucracy when it comes to, you know, planes and helicopters landing in the right place.
B) Vance: It's like the DMV at industrial scale. And because a lot of folks in North Carolina are suffering unnecessarily. I hope to God you don't have unnecessary loss of life, but I fear that we do. And it all goes back to why do we have a president and a vice president, one of whom is on the beach, the other of whom is participating in fund raisers rather than doing their job. It is incompetence of the highest order.
C) Vance: Kamala Harris has been a complete failure of leadership. Think about this. In 2010, there was a terrible earthquake in Port au Prince, Haiti. The 82nd Airborne was on the ground two days later. There was a disastrous hurricane an hour away from the 82nd Airborne headquarters. It took more than a week for the full deployment to arrive and start helping people out. It's a complete lack of leadership when things like this happen. You need somebody in charge. You need somebody saying we're going to save as many lives as possible. Red tape be damned.
Read 4 tweets
May 22, 2024
1) Ways/Means Cmte Chair Smith First, Hunter Biden lied about the recipient of a WhatsApp message sent with the apparent intention to threaten a business associate and demand payment. In the message, Hunter Biden twice mentioned he was with his father. In the deposition, Hunter Biden sought to dismiss the message, claiming that he was either 'high or drunk' when he sent it, and in that state, had sent it to the wrong Zhao, and not actually the one affiliated with the Chinese energy company, CEFC. Hunter claimed under oath that the recipient, 'had no understanding or even remotely knew what,...I was even‚...talking about.'
2) Smith: However, phone records in front of the Committee today show Hunter Biden sent the message to the correct Chinese businessman by the name of Raymond Zhao who not only was affiliated with CEFC, but knew exactly what Hunter Biden was talking about.
3) Smith: For several months, the pair messaged back and forth on the same phone numbers, and ultimately an affiliate of CEFC, Raymond Zhao's company, sent $5 million to Hunter Biden and his associates just days after Hunter's threatening message. These documents make clear that Hunter Biden was using his father's name to shake down a Chinese businessman - and it worked. And when confronted by Congressional investigators about it, he lied.
Read 4 tweets
Apr 30, 2024
1) The Hitchhiker’s Guide To How Democrats Support for Johnson Could Backfire On the Speaker

An astonishing email just hit inboxes around Capitol Hill from the House Democratic leadership team of House Minority Leader Hakeem Jeffries (D-NY), House Minority Whip Katherine Clark (D-MA) and House Democratic Caucus Chairman Pete Aguilar (D-CA):

“We will vote to table Rep. Marjorie Taylor Greene’s Motion to Vacate the Chair. If she invokes the motion, it will not succeed.”
2) So you have DEMOCRATIC leaders telling their rank-and-file members they support short-circuiting an effort to unseat House Speaker Mike Johnson (R-LA).

Here’s why this is a big deal:

It was thought that House Democrats would protect Johnson in some form if Greene were to trigger her resolution. That hasn’t happened yet. But it was believed that a small number of Democrats might vote to table or kill Greene’s motion, thus protecting him. Or, Democrats might just “take a walk” during that vote, diluting the voting pool in the House. That would protect Johnson by having fewer Democrats vote. Thus, Democrats could inoculate Johnson – without ever taking a vote.
3) But it is a MAJOR DEAL when the entire Democratic leadership team and rank-and-file Democrats say they would vote to protect Johnson.

Great for Johnson, right?

Maybe immediately. But there is a BIG downside here.

Such a maneuver could embolden the smaller coterie of Republicans who want to oust Johnson. And even some rank-and-file Republicans could see that Johnson is only in the job because of the Democrats. Thus Johnson is a “Democratic” Speaker. Especially since he largely did the Democrats’ bidding passing the Ukraine aid bill a few weeks ago, avoided multiple government shutdowns and passed nearly every major bill in recent months with lots of Democratic support – often with more Democratic votes than from Republicans.

This might not undercut Johnson now. But it could give those who might want his job – potentially House Majority Leader Steve Scalise (R-LA), House Majority Whip Tom Emmer (R-MN) and House Judiciary Committee Chairman Jim Jordan (R-OH) – an opportunity to use Democratic support as a wedge and perhaps challenge Johnson for Speaker next year or a leadership post in the new Congress if Republicans lose the majority.
Read 5 tweets
Mar 25, 2024
1) User's Manual to how control of the House could flip to the Democrats before the election.

Control of the House has never changed in the middle of a Congress. But if it’s going to happen, the 118th Congress is as ripe for that possibility.
2) House Republicans face chaos in their conference. Members who planned to retire next January are now ditching Capitol Hill early. The House is an acrimonious place with yet another move afoot to dethrone the Speaker.
3) Fox is told that other Republicans are angling to get out as soon as they can. A big payday in the private sector could lure some members to cash in their voting card early.

First, let’s talk about the length of a given “Congress.”
Read 25 tweets

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