Jeffrey Toobin Lays Out Democrats' Doomsday Scenario for Midterms
Summary
Legal analyst Jeffrey Toobin explained a possible problem after the 2024 House elections where the clerk who compiles the official list of winners could be replaced. If Democrats narrowly win and President Donald Trump claims fraud, the House Speaker might fire the current clerk and replace them with someone who changes the official results, which could delay the start of the new Congress.Key Facts
- The clerk of the House prepares the official list of newly elected members based on certified state results.
- Kevin McCumber is the current House clerk, seen as nonpartisan and appointed by former Speaker Kevin McCarthy.
- President Donald Trump might challenge election results if Democrats win the House narrowly in 2024.
- The House Speaker, Mike Johnson, has the power to fire the clerk without approval but needs a majority vote to confirm a permanent replacement.
- There is uncertainty about the powers of an acting clerk if the current clerk is removed before confirmation.
- The House must be sworn in by January 3, or it ceases to exist, so any delay could cause a constitutional problem.
- Federal courts may avoid intervening in disputes over House internal procedures because of the political question doctrine.
- Courts have been more willing to step in on state election certification issues than on internal Congressional matters.
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