Monday, May 12, 2025

NOW: Soros’s ‘Kick Trump Off Ballot’ Case Begins, With Far-Left, Democrat Donor Judge.

The George Soros-backed ‘Citizens for Responsibility and Ethics in Washington’ (CREW) is arguing in a Colorado court this week that Section 3 of the 14th Amendment disqualifies former President Donald Trump from the 2024 election ballot. The judge overseeing the case appears to be as equally radical-left and partisan as CREW itself.

INSURRECTION.

“Four years after taking an oath to ‘preserve, protect and defend’ the Constitution as President of the United States… Trump tried to overthrow the results of the 2020 election, leading to a violent insurrection at the United States Capitol to stop the lawful transfer of power to his successor,” the CREW lawsuit states.

“By instigating this unprecedented assault on the American constitutional order, Trump violated his oath and disqualified himself under the Fourteenth Amendment from holding public office, including the Office of the President.”

During Trump’s presidency, CREW waged a campaign of frivolous lawsuits against the president and those who served his administration. Often, the lawsuits would use tortured interpretations of obscure constitutional provisions in the hopes of finding a ‘silver bullet’ that would remove either Trump himself or his appointees from office. The Soros-backed group’s novel legal arguments failed to sway any judges at the time, but a rigorous effort of “venue shopping” landed CREW a friendly judge in Colorado it appears.

JUDGE SARAH WALLACE, LEFTIST.

Colorado District Judge Sarah B. Wallace, who will hear the case this week, has a history of making partisan-liberal political donations and has openly expressed disdain for former President Donald Trump. Wallace, appointed by a Democrat governor, is a financial backer of the far-left Colorado Turnout Project (CTP) – an organization dedicated to preventing politicians who “refused to condemn the political extremists who stormed the United States Capitol on January 6, 2021″ from holding office. Wallace donated to CTP as recently as last year. 

Campaign finance records show Judge Wallace has also made campaign contributions to Sen. Amy Klobuchar (D-MN), Sen. Raphael Warnock (D-GA), the Colorado Democrat Party, former Senator Doug Jones (D-AL), and Jamie Harrison a failed Democrat candidate for U.S. Senate in South Carolina who now runs the Democratic National Committee (DNC). CREW, meanwhile, is a member of the Democrat dark money cartel overseen by Arabella Advisors and their network of non-profits that serve as clearing houses for contributions made by far-left foundations and liberal billionaires.

KEEPING TRUMP OFF THE BALLOT.

The 14th Amendment argument being brought by CREW against former President Trump is a novel legal theory that has been met with little enthusiasm by election officials and legal scholars in other states thus far. This past August, New Hampshire Secretary of State David Scanlan brushed aside the idea Trump is disqualified from the ballot by the 14th Amendment. Scanlan said Trump would appear on the New Hampshire ballot along with the other qualifying candidates.

Steven Calabresi, a law professor who co-founded the Federalist Society and the originator of the argument claiming the 14th Amendment disqualifies Trump from the ballot, now says his idea and interpretation of the constitutional provision are wrong.

Calabresi points to the fact that Section 3 of the 14th Amendment specifically disqualifies “officers of the United States” who have taken and betrayed an oath to uphold the Constitution. According to Calabresi, the President or Vice-President are not disqualified under this provision as they are the officials vested by the Constitution to appoint said “officers” and not officers themselves.

Judge Wallace has denied five separate motions by former President Trump’s legal team to dismiss the case so far. The trial, which begins today, is expected to last the entire week. If CREW prevails, it would likely be appealed all of the way to the United States Supreme Court.

You can watch the entirety of the proceedings, here. The National Pulse will have a summary of each day’s events in court every evening, where required.

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The George Soros-backed 'Citizens for Responsibility and Ethics in Washington' (CREW) is arguing in a Colorado court this week that Section 3 of the 14th Amendment disqualifies former President Donald Trump from the 2024 election ballot. The judge overseeing the case appears to be as equally radical-left and partisan as CREW itself. show more

READ: ‘Sidney Powell Didn’t Flip on Trump or MAGA’.

A close associate to lawyer Sidney Powell has insisted that the election fraud assailant has not, in fact, “flipped on Trump,” writing on Substack this week:

It is alarming (although not surprising) to see the misinformation in headlines, new articles, and on social media about Sidney Powell’s plea in Georgia last week. Even good Republicans and MAGA supporters seem confused and misinformed about the facts of her plea, many believing she has disavowed her position on the 2020 election and betrayed her supporters or that she has “flipped” on Trump.

– Molly McCann Sanders, October 2023.

Powell pleaded guilty to six lesser charges involving efforts to allegedly overturn the results of the 2020 presidential election. Many outlets immediately began to speculate that Powell was actively cooperating against co-defendant Trump, perhaps intentionally ignoring the nuances highlighted by McCann Sanders:

First, let’s be very clear that Sidney did not plead guilty to a conspiracy with Donald Trump to unlawfully overturn the 2020 election. The RICO charge was dropped as part of Sidney’s plea. To repeat for absolute clarity, Sidney did not plead guilty to a charge that she unlawfully tried to overturn the 2020 election or otherwise “admit” that the claims the 2020 election were stolen were unsubstantiated.

– Molly McCann Sanders, October 2023.

Slate declared the plea deal to be ‘…so, so bad for Donald Trump’, while the New York Times speculated the agreement with prosecutors could be a ‘threat’ to Trump, noting: “For the first time, prosecutors have the cooperation of someone who was closely involved in Donald Trump’s efforts to remain in office after his election defeat.” Elie Honig, a legal analyst at CNN, called the deal a “really big breakthrough for prosecutors” and added that “There’s no such thing as halfway cooperation.”

But Powell’s plea agreement doesn’t impact former President Trump in any meaningful way, according to McCann Sanders, who added: “Sidney’s plea agreement is for conduct unrelated to Donald Trump and only tenuously related to even Sidney herself. Simply put: Sidney agreed to take the rap for the disputed access to Fulton County machines.”

READ THE FULL PIECE HERE.

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A close associate to lawyer Sidney Powell has insisted that the election fraud assailant has not, in fact, "flipped on Trump," writing on Substack this week: show more

Editor’s Notes

Behind-the-scenes political intrigue exclusively for Pulse+ subscribers.

RAHEEM J. KASSAM Editor-in-Chief
Molly is right, as The National Pulse also implied in our reporting as soon as the plea deal came out
Molly is right, as The National Pulse also implied in our reporting as soon as the plea deal came out show more
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Who Is Mike Johnson, The Current Republican Nominee for Speaker of the House?

Rep. Mike Johnson (R-LA) has emerged as the latest Speaker-designate from the House Republican Conference. Previously, attempts to nominate Reps. Steve Scalise (R-LA), Jim Jordan (R-OH), and Tom Emmer (R-MN) all failed to gain the necessary 217 votes to win the Speakership on the House floor.

Johnson was first elected in 2016, on the back of Donald Trump’s historic presidential victory. The Louisiana Republican later became a key ally to President Trump when Congressional Republicans made efforts to reject the certification of the 2020 presidential election after allegations of fraud and vote rigging were made.

Along with 125 other House Republicans, Johnson was a signer of an amicus brief in Texas v. Pennsylvania. The case, brought by Texas Attorney General Ken Paxton, argued that states which changed election procedure during the 2020 presidential contest without legislative approval were in violation of the U.S. Constitution – specifically the states of Pennsylvania, Michigan, Wisconsin, and Georgia. The aim of the lawsuit was to temporarily halt the election certification. The U.S. Supreme Court declined to hear the case, arguing that Texas lacked standing to bring the lawsuit.

The Louisiana Republican sits on the powerful Judiciary and Armed Services Committee and maintains close ties with both the House Freedom Caucus and a key group of Defense appropriators. Entering his sixth term in Congress, Johnson was a reliable vote for much of former President Trump’s agenda. Johnson has voted against additional aid for Ukraine, against codifying same-sex marriage, against certifying the 2020 election, and against the 47-day continuing resolution to fund the government. He did, however, vote in support of lifting the debt limit through January of 2025.

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Rep. Mike Johnson (R-LA) has emerged as the latest Speaker-designate from the House Republican Conference. Previously, attempts to nominate Reps. Steve Scalise (R-LA), Jim Jordan (R-OH), and Tom Emmer (R-MN) all failed to gain the necessary 217 votes to win the Speakership on the House floor. show more

Speaker of the House Election Preview: Kevin Hern Edition.

Oklahoma Congressman Kevin Hern, the chairman of the powerful Republican Study Committee, is one of the favorites among House conservatives for Speaker. Hern first won Oklahoma’s 1st Congressional District in 2018, replacing outgoing Rep. Jim Bridenstine who President Donald Trump had appointed as NASA Administrator. In 2023, Hern took over as chairman of the conservative policy group, the Republican Study Committee – former chairs include Jim Jordan (R-OH) and Steve Scalise (R-LA), the two initial candidates for House Speaker to replace the ousted Kevin McCarthy.

Prior to running for Congress, Hern was a successful Arkansas and Oklahoma McDonalds franchise owner, purchasing his first franchise hamburger joint in 1997. By 1999, Hern had moved from Arkansas to Tulsa Oklahoma where he proceeded to expand his franchise operation, eventually owning 18 McDonalds fast-food restaurants in the Tulsa metropolitan area. Hern is one of the wealthier members of Congress with his total assets being valued somewhere around $93 million.

During the COVID-19 pandemic, Hern’s KTAK Corporation – which operates his McDonalds franchises – received between $1 million and $2 million in Paycheck Protection Program loans. According to Hern’s company, the federally-backed small business loans, would allow them to retain 220 jobs through the pandemic.

On recent issues important to conservative voters, Hern has been nothing short of a stalwart. The Oklahoma Congressman opposed certifying the 2020 election, citing voting irregularities. He remains opposed to same-sex marriage and giving further financial and military aid to Ukraine. Additionally, Hern voted against suspending the debt ceiling through January 1, 2025 and the 47-day government funding continuing resolution.

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Oklahoma Congressman Kevin Hern, the chairman of the powerful Republican Study Committee, is one of the favorites among House conservatives for Speaker. Hern first won Oklahoma's 1st Congressional District in 2018, replacing outgoing Rep. Jim Bridenstine who President Donald Trump had appointed as NASA Administrator. In 2023, Hern took over as chairman of the conservative policy group, the Republican Study Committee – former chairs include Jim Jordan (R-OH) and Steve Scalise (R-LA), the two initial candidates for House Speaker to replace the ousted Kevin McCarthy. show more

Tom Emmer Wants to Be House Speaker. Here’s Why That Would Suck.

Rep. Tom Emmer (R-MN) has emerged as the Republican establishment’s standard-bearer to replace the ousted Kevin McCarthy as Speaker of the House. First elected during the 2014 mid-term elections in a seat formerly held by arch-conservative Michele Bachmann, Rep. Emmer has risen quickly through the leadership ranks and was elected Majority Whip at the start of this Congress.

From 2019 to 2023, Emmer served as the chairman of the House Republicans’ campaign arm, the National Republican Congressional Committee (NRCC) – and oversaw the 2022 mid-term efforts in which Republicans only retook the House by a narrow majority, far underperforming expectations. Some 2022 Republican congressional candidates put the blame squarely with Emmer and the House Republican establishment who decided to actively intervene in open Republican primaries. Some mid-term candidates said that Emmer advised that they distance themselves from former President Donald Trump, a move that may have actually cost Republicans additional House seats.

The controversial tenure at the NRCC isn’t the only objection being raised to a prospective Speaker Emmer. The Minnesota Congressman’s voting record has been less than stellar in the eyes of House conservatives. Emmer voted in favor of codifying same-sex marriage and he voted to certify the 2020 presidential election despite reports of voting irregularities. In addition, Emmer has been a staunch proponent of giving additional financial and military aid to Ukraine, a position that has become well out of step among a number of House Republicans. Finally, Emmer also backed Joe Biden’s deal to lift the U.S. debt ceiling through January 1, 2025 and backed the 47-day continuing resolution to fund the government.

Prior to serving in Congress, Emmer worked as a spokesman for the National Popular Vote initiative – an effort funded by George Soros and backed by former President Barack Obama to essentially end the Electoral College and elect the President via a nationwide popular vote.

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Rep. Tom Emmer (R-MN) has emerged as the Republican establishment's standard-bearer to replace the ousted Kevin McCarthy as Speaker of the House. First elected during the 2014 mid-term elections in a seat formerly held by arch-conservative Michele Bachmann, Rep. Emmer has risen quickly through the leadership ranks and was elected Majority Whip at the start of this Congress. show more

Byron Donalds Could Be the Next House Speaker.

Florida Congressman Byron Donalds, at least on paper, might strike most political insiders in Washington, D.C. as an unlikely candidate for Speaker of the House. Donalds is only just starting his second term in Congress giving him a a relatively thin track record, and outside election season it remains to be seen if Donalds has the fundraising prowess that is usually required as Speaker.

However, Donalds – unlike other Republican candidates for Speaker – is viewed fairly affably by the various factions in the House Republican Conference. The fact that the Florida Congressman has been able to forge working relationships with moderates and conservatives in the House could be critical in not just securing the Conference’s nomination as ‘Speaker designate’ on Tuesday – it could also be key in overcoming the so far seemingly impossible task of winning 217 votes on the floor. Finally, the allure of electing the first ever African-American Speaker of the House might just be what is needed to pull House Republicans together.

Byron Donalds was first elected to the House of Representatives during the 2020 election – winning Florida’s 19th Congressional District. The district contains some of the largest population centers along Florida’s southern Gulf coast including Naples, Cape Coral, Fort Meyers, and Bonita Springs. Prior to Congress, Donalds served as the Republican state representative for Florida’s 80th State House District from 2016 until 2020 – and ran unsuccessfully for Congress in 2012.

Originally from the Crown Heights neighborhood of  New York City, Donalds – and two siblings – were raised by their single mother. He would go on to a professional career in finance, rising through the ranks at TIB Bank from credit analyst to vice president. In 2015, Donalds joined Wells Fargo Bank as a Financial Advisor.

Donalds, a vocal supporter of former President Donald Trump’s bid to retake the White House in 2024, appears poised to be the most likely – if inexperienced – candidate that can bridge the divisions among House Republicans and end the stand-off over the vacant Speakership.

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Florida Congressman Byron Donalds, at least on paper, might strike most political insiders in Washington, D.C. as an unlikely candidate for Speaker of the House. Donalds is only just starting his second term in Congress giving him a a relatively thin track record, and outside election season it remains to be seen if Donalds has the fundraising prowess that is usually required as Speaker. show more

Speaker of the House Election Preview: Jim Jordan Edition.

Rep. Jim Jordan (R-OH), endorsed by former President Donald Trump, has quickly consolidated support among House conservatives as a candidate for Speaker. The Ohio Congressman spent much of his early career in Congress as a conservative counter to the more moderate Republican leadership. However under the previous Speakership of Kevin McCarthy, Jordan became a key leadership ally as chairman of the House Judiciary Committee.

First elected in 2006, Rep. Jordan has long been considered one of the Republican conference’s most conservative members. From 2011 to 2013, Jordan chaired the powerful Republican Study Committee (RSC). In 2023 the RSC and Rep. Jordan played an integral role in forcing a government shutdown in an effort to make substantial changes to Obamacare. Louisiana Republican Steve Scalise, Jordan’s current competitor for the Speaker’s gavel, succeeded him as chairman of the RSC in 2013.

In 2015, Jordan along with other House conservatives founded the Freedom Caucus, for which he served as its first chairman. The caucus has been at the center of efforts to push House Republicans in a more conservative direction.

Before becoming a McCarthy ally, Jordan was one of the former Speaker’s chief political opponents. When Speaker Paul Ryan retired from Congress, Jordan announced he would challenge McCarthy for the Speakership. When Republicans subsequently lost the House during the 2018 midterms, Jordan and McCarthy both ran for Minority Leader, with McCarthy ultimately prevailing 159–43 among Republican members.

Despite Rep. Jordan’s strong conservative bonafides, some in Washington, D.C. remain skeptical of a Jordan Speakership as he maintains close ties to several Big Tech firms and their political operations. The Ohio Congressman has been one of the key opponents of bi-partisan efforts to reform U.S. anti-trust laws – efforts the Big Tech companies have aggressively opposed.

According to public records, Jordan’s campaign committee received nearly $10,000 from Apple, $5,000 from semiconductor manufacturer Broadcom (the target of an EU anti-trust investigation) in 2022. Pfizer donated just over $13,000 to Jordan in 2020, while Microsoft gave nearly $7,000. Google contributed $11,000 to Jordan in 2018 and $10,000 in 2016. Since being first elected in 2006, Jordan has also received nearly $15,000 from the Consumer Technology Association PAC, a conduit for Big Tech money in politics.

One of Jordan’s key aides on the Judiciary Committee, Tyler Grimm, attended the January 2023 CES trade show in Las Vegas, Nevada. CES is an annual technology industry event organized by the Consumer Technology Association. According to House Ethics Committee disclosures, Grimm’s flight, lodging, registration fee, and meals were all paid for by the Consumer Technology Association. Key staffers for a number of Democrats and Republicans received similar arrangements from the Big Tech lobbying group per the Ethics Committee. Grimm is purported to be the author of a particularly hostile 2020 Judiciary Committee memo critical of Republican and Democrat efforts to use anti-trust as means of breaking up Big Tech companies.

On matters of fiscal and social conservatism, Rep. Jordan’s record has been exemplary among Republican members. However, conservatives who have worked to reign in Big Tech appear to hold reservations regarding the Congressman’s record.

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Rep. Jim Jordan (R-OH), endorsed by former President Donald Trump, has quickly consolidated support among House conservatives as a candidate for Speaker. The Ohio Congressman spent much of his early career in Congress as a conservative counter to the more moderate Republican leadership. However under the previous Speakership of Kevin McCarthy, Jordan became a key leadership ally as chairman of the House Judiciary Committee. show more

Speaker of the House Election Preview: Steve Scalise Edition.

Republican Majority Leader Steve Scalise (R-LA) has emerged as one of the top two contenders for the vacant position of Speaker of the House. The 58 year old Louisiana Congressman began quietly whipping votes for the top job just moments after McCarthy was ousted by Rep. Matt Gaetz (R-FL). The case for a Scalise speakership centers on his decades of political experience, quick ascent through Republican House leadership ranks, and the compelling fact he has literally had to battle for his life, twice.

Known for being a Member that works quietly behind to the scenes to advance legislation, it surprised some that Scalise played a fairly major role in Republican Congressional pushback against Big Tech. According to Nathan Leamer, a Trump administration appointee who served as a senior advisor to FCC Chairman Ajit Pai, Scalise was quick to work with conservatives who were concerned Google was throttling political fundraising and activist emails.

“Steve Scalise was ground zero of the effort to push back against Google censoring Republican emails,” Leamer told The National Pulse, while indicating Scalise allowed conservative tech experts to examine his own email data, noting that it was “extremely helpful in holding Google accountable.”

Some have reservations, however. Notably, former President Donald Trump has endorsed Scalise’s opponent, Rep. Jim Jordan (R-OH). Members of Republican Leadership often have to take hard votes that can upset both more conservative Members and voters alike. Votes to support government omnibus bills and continuing resolutions over the past years have resulted in Scalise only attaining a 75 out of 100 ‘Conservative’ life-time score from Heritage Action. Similarly, NumbersUSA says Scalise’s voting record on curbing mass immigration has only earned him a “B” grade.

Prior to serving in Congress, Scalise served in the Louisiana state legislature from 1996 until 2008. In May 2008, he won a special election for Congress, replacing Rep. Bobby Jindal (R-LA), who had just been elected as governor. In 2013 the Louisiana Congressman took over the conservative Republican Study Committee, succeeding Rep. Jim Jordan (R-OH). Just over a year later, Scalise joined House Republican leadership as Whip. When Republicans retook the House majority after the 2022 mid-term elections he ascended to House Majority Leader.

In June of 2017, Congressman Scalise was shot by Democrat activist and Sen. Bernie Sanders supporter James Hodgkinson during a Republican practice for the Congressional Baseball Game. Hodgkinson fired upwards of 50 rounds from a rifle before police were able to locate him and end the rampage. The bullet that hit Scalise traveled through his pelvis, resulting in organ damage and severe internal bleeding caused by shattered bone. According to Dr. Jack Sava, when Scalise arrived at MedStar Washington Hospital he was in shock and faced “an imminent risk of death.” After several surgeries and an extensive hospital stay, Scalise returned to Congress in September of 2017.

Last month, Scalise was diagnosed with multiple myeloma, a type of blood cancer. Prior to the announcement, Scalise said he had already begun treatment and would continue with his work as a Member of Congress. The Louisiana Congressman has said that doctors believe his prognosis is very good and that the initial rounds of treatment have reduced the presence of cancer in his body.

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Republican Majority Leader Steve Scalise (R-LA) has emerged as one of the top two contenders for the vacant position of Speaker of the House. The 58 year old Louisiana Congressman began quietly whipping votes for the top job just moments after McCarthy was ousted by Rep. Matt Gaetz (R-FL). The case for a Scalise speakership centers on his decades of political experience, quick ascent through Republican House leadership ranks, and the compelling fact he has literally had to battle for his life, twice. show more
rfk jr record

RFK is Now Running as an ‘Independent’. So We Examined His Record.

Democrat presidential candidate Robert F. Kennedy, Jr. dropped his primary challenge to President Joe Biden today and instead announced his intention to launch an “independent” bid for the White House. A liberal firebrand and son of a family tantamount to Democrat – if not American – political royalty, Kennedy has made waves in the 2024 election cycle by pitching himself as a ‘moderate’ populist. But more than two decades of Kennedy’s own statements, social media posts, and even arrest records reveal a candidate who has repeatedly espoused extreme environmentalist and radical socialist beliefs.

In a 2019 post on X (formerly Twitter), Kennedy backed Rep. Alexandria Ocasio-Cortez’s proposal for a top personal income tax rate of 70 percent. He said he believed conservatives would try to paint Ocasio-Cortez as a “know-nothing” for her efforts, and in the same year, endorsed Ocasio-Cortez’s ‘Green New Deal’, stating “This is huge!” Estimates show the ‘Green New Deal’ would cost Americans between $51-$93 trillion over the next decade, if enacted.

A leaked 2016 legal memo sent to the New York Attorney General revealed Kennedy urged government officials to ban ExxonMobile from doing business in the state. Kennedy is suspected of playing an outsized role in then-Gov. Andrew Cuomo’s decision to ban fracking in New York, costing thousands of jobs. Cuomo is Kennedy’s ex-brother-in-law. In 2014, he said ExxonMobile deserved the corporate equivalent of the “death penalty”. In 2013, Kennedy was arrested alongside other radical environmentalists during a protest outside the White House against the Keystone XL pipeline.

Not even the U.S. military is immune to Kennedy’s environmental radicalism, who has made repeated claims that the Department of Defense is one of America’s worst polluters. Kennedy has gone so far as to accuse the military of “mounting a sneak attack against America’s health and safety.”

Outside of his support for radical environmentalism and socialist economics, Kennedy appears to be indistinguishable from most Democrat lawmakers. In 2007 and 2016 Kennedy endorsed Hillary Clinton for president. He called the NRA a “terror group” after the Parkland school shooting. And regarding the 2024 presidential race, Kennedy recently admitted he takes more votes from Donald Trump than he does Joe Biden.

For those who want an end to the American carnage, Kennedy is now surely just a spoiler candidate aiming to hand Joe Biden (and Barack Obama) another four years.

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Democrat presidential candidate Robert F. Kennedy, Jr. dropped his primary challenge to President Joe Biden today and instead announced his intention to launch an "independent" bid for the White House. A liberal firebrand and son of a family tantamount to Democrat – if not American – political royalty, Kennedy has made waves in the 2024 election cycle by pitching himself as a 'moderate' populist. But more than two decades of Kennedy's own statements, social media posts, and even arrest records reveal a candidate who has repeatedly espoused extreme environmentalist and radical socialist beliefs. show more
could donald trump be speaker of the house

Could Donald Trump Be Speaker of the House?

At least three Republican Members of Congress have voiced their intent to back former President Donald Trump for Speaker of the House. Rep. Troy Nehls (R-TX) said Tuesday he will nominate Trump for the Speakership. Reps. Marjorie Taylor-Greene (R-GA) and Greg Steube (R-FL) both said they would support the nomination.

Trump, the presumed 2024 Republican nominee for President, appears to be open to serving as Speaker of the House for a short period of time while a more permanent replacement is decided upon – though he has emphasized he is focused on defeating Democrat Joe Biden and retaking the White House. In a post on Truth Social, Trump pledged to “…do whatever is necessary to help with the Speaker of the House selection process…” and ensure the selection is a “…Speaker who will help a new, but highly experienced President, ME, MAKE AMERICA GREAT AGAIN!”

A Trump nomination for Speaker faces two potential obstacles besides the task of securing a 218 vote majority in the House of Representatives – something every Speaker nominee will face. First is the question of whether or not a non-member of the House of Representatives can serve as Speaker. Article 1, Section 2 of the U.S. Constitution states: “The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.” It does not specify the Speaker has to be an elected member serving in the legislative body – meaning, in theory at least, a private citizen could be chosen. This is the view held by the government’s Congressional Research Service as no other officers of the House elected along side the Speaker are required to be members either.

Not all constitutional scholars agree with this interpretation however. The prior clauses in Article 1, Section 2 detail the precise requirements to serve as a member of the House or Senate and the procedure for electing members of either legislative body. Some argue these clauses govern all subsequent clauses in this section, meaning the Speaker must be a member of the House. Additionally, the first meeting of the United States Congress adopted rules requiring the Speaker to cast tie-breaking votes – and only elected-members of Congress can vote. Lastly, scholars note the Presidential Succession Act of 1947 specifically recognizes the Speaker as being an elected Representative in the House.

The last hurdle for a Donald Trump nomination for Speaker are two provisions in Conference Rules adopted by House Republicans at the start of this year. Rule 26 states any “….member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed.” The Speaker is listed as a member of Republican leadership under Rule 2.

While the Republican Conference rules could simply be amended, it may not be necessary. The Speaker of the House, unlike other leadership positions, is enumerated as an officer of the House specifically by the Constitution, likely meaning any Conference restrictions – and punishments – regarding the Speakership could only be enforced against members who supported a candidate in violation of the rules and not the Speaker themselves.

So could Donald Trump be Speaker? Unfortunately the answer might have to be: we’ll see.

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At least three Republican Members of Congress have voiced their intent to back former President Donald Trump for Speaker of the House. Rep. Troy Nehls (R-TX) said Tuesday he will nominate Trump for the Speakership. Reps. Marjorie Taylor-Greene (R-GA) and Greg Steube (R-FL) both said they would support the nomination. show more