Fact Check: Do Donald Trump Indictments Bar Him From House Speaker
Role?
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"Rule 26--Temporary Step Aside of a Member of Leadership who is
Indicted (a) A 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 text quoted by Snell is from the House Republican Conference for
the 118th Congress, internal congressional rules agreed upon by the
GOP.
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However, these rules are not statute and can be changed by the GOP. It
would require the creation of an ad hoc committee, appointed by the
speaker and chaired by a senior Republican member of the Committee on
Rules of the House.
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Politics professor Todd Landman, of the University of Nottingham, told
Newsweek that while it's possible to change the rules, this would not
be without risk for the GOP.
"Changing the indictment rule risks charges of hypocrisy towards the
Republican Party," Landman said.
David Andersen, an associate professor of U.S. politics at Durham
University, told Newsweek that there were "enough never-Trumpers and
long-term members who respect the institution of the House within the
GOP" to create division and opposition in the event that such a change
was proposed.
"Even for those who support Trump, this would be akin to turning over
the House majority to someone who would only use the office to run a presidential campaign," Andersen said. "What this would lead to is a
deep internal divide about whether to remove the rule or not, but
Trump would likely win this battle."
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Even after such a corralling, Trump would need to be voted in and the likelihood of that would be a significant challenge, as Iwan Morgan,
professor emeritus of U.S. studies at University College London told
Newsweek.
"Getting Trump elected speaker would be a tougher task--every Democrat
would vote no, and it only requires five non-MAGA GOPs to follow
suit," Morgan said.
"And some conservative Republicans would think twice, too, about the
likely damage to the reputation of Congress if this were done. Note
that House Rules Chairman Tom Cole (R-OK), who voted for McCarthy to
retain his office, warned that his ouster was 'simply a vote for
chaos.'"
https://www.newsweek.com/kevin-mccarthy-donald-trump-indictments-bar-house-speaker-fact-check-1832140
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