| | | | |  | | By Daniella Diaz | | | With assists from POLITICO’s Congress team
|  When Kevin McCarthy was removed as House speaker, Rep. Patrick McHenry (R-N.C.) was immediately installed as acting speaker pro tempore under a little-known provision written into the House rules after 9/11. | AFP via Getty Images | PARSING PATRICK’S POWERS The word “unprecedented” often gets bandied about in politics for things that are actually just uncommon. What’s happening now in the House, however, is truly unprecedented. When Kevin McCarthy was removed as House speaker on Tuesday, Rep. Patrick McHenry (R-N.C.) was immediately installed as acting speaker pro tempore under a little-known provision written into the House rules after 9/11. McHenry was at the top of a secret list of successors that McCarthy drafted and sent to the clerk pursuant to that rule, meant to provide continuity of government. What McHenry is doing with his powers — and their ultimate extent — is now a matter of serious debate: Is he just supposed to conduct the election for McCarthy’s successor? Or can he govern more broadly? McHenry’s moves: So far, McHenry’s overt actions on the floor have been minimal: He immediately put the House into recess after McCarthy’s ouster Tuesday, then brought the chamber back to order yesterday to adjourn it. Behind the scenes, however, there have been mixed messages: He appears not to be undertaking the speaker’s basic ministerial duties — such as referring introduced bills to committees — but he did exercise the office’s broad authority over Capitol real estate when he evicted former speaker Nancy Pelosi and former majority leader Steny Hoyer from their prime hideaway offices. That has created some confusion about the extent of McHenry’s powers — as well as some concern, given that his every move creates precedent for a future speaker pro tempore, perhaps one who might be appointed under more perilous circumstances. The eviction “seems completely out of line with a narrow reading that says [McHenry] is supposed to just be running the election,” said Matthew Glassman, a former Congressional Research Service analyst who’s now a senior fellow at Georgetown University and has written extensively on the issue this week. But, as Glassman added, “ultimately, the House can make its rules and change them whatever it wants and overrule the precedents.” What his colleagues are saying: No member of GOP leadership has explicitly laid out where exactly they believe McHenry’s powers begin and end. Aides to House Rules Committee Chairman Tom Cole (R-Okla.) did not respond to Huddle’s request for comment. But Rep. Chip Roy (R-Texas), who serves on the panel, said McHenry is “literally a figurehead” who is there for emergency purposes only. “Under our interpretation of the rules, he does not have the power to move bills on the floor,” he said. That interpretation is at odds with McHenry’s decision to literally send Pelosi and Hoyer packing, said Rep. Jim McGovern, the top Rules Committee Democrat, in a public posting Wednesday. “Given the plain text of the rule, I don't think he has that power,” McGovern (D-Mass.) said, citing a 2004 Rules Committee report that an acting speaker pro tempore serves "for the sole purpose of electing a new Speaker." Another person, who spoke on the condition of anonymity to candidly describe internal House discussions over the acting speaker rule, said the plain text is clear even if McHenry’s interpretation isn’t. “This rule was not written for this situation: It was made for a disaster, not political infighting in the Republican Party,” the person said, while adding, “This has never happened, so there’s no precedent.” Related read: How does a ‘frozen’ U.S. House function without a speaker? Everyone’s got an opinion, from Jacob Fischler and Jennifer Shutt at the States Newsroom — Daniella Diaz, with assists from Katherine Tully-McManus and Anthony Adragna
| | | | A message from the Brennan Center for Justice: The current power of the Supreme Court would have been unimaginable in the founding era. Ethics scandals and extreme rulings have exposed a broken system in which justices wield tremendous power with little accountability. Justices now serve more than a decade longer on average than they used to. No one should have power for this long. It’s time for Congress to shore up the Supreme Court’s legitimacy by instituting term limits. Learn more: https://www.brennancenter.org/term-limits | | | GOOD EVENING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, Oct. 5, where we are counting down for the long weekend. WHERE THE SPEAKER’S RACE STANDS House members have mostly left town for the weekend, but the jockeying for the speaker’s gavel continues with a flurry of behind-the-scenes conversations — and a growing number of endorsements. Majority Leader Steve Scalise and House Judiciary Chairman Jim Jordan are racing to secure as many member commitments as possible ahead of a Wednesday conference vote, with any speaker ultimately needing 217 votes on the floor (two seats are currently vacant). Each had garnered roughly a dozen nods when Anthony tallied them up earlier this afternoon. More candidates incoming? Rep. Kevin Hern (R-Okla.), the Republican Study Committee chairman, said in a Fox News interview that he is working the phones and still entertaining a run: "When I get through those calls, I'll make that decision." And then there’s former President Donald Trump, who has backing from a handful of House allies and is now openly pitching himself as a speaker candidate. (We made our views on that clear yesterday: Not gonna happen.) Making the rounds: One-on-one calls are important, but so are meetings with key GOP factions and caucuses. As Huddle noted Wednesday, all eyes are on centrist Republicans and who they plan to endorse as speaker, so take note of Jordan’s visit with the business-oriented Main Street Caucus, where he sought to tamp down concerns about his fundraising abilities. More meetings are getting added to the books for the coming days, per Olivia, with the Freedom Caucus, Western Caucus and the GOP freshman class all seeking to meet with candidates. — Daniella Diaz, with assists from Anthony, Olivia Beavers and Meredith Lee Hill
| | | | GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE. | | | | | BEWARE OF GAETZ’S ALLEGED COCKTAIL You might have seen the viral interview that CNN’s Manu Raju did with Sen. Markwayne Mullin (R-Okla.), a former House member who had done some shuttle diplomacy in recent weeks with his ex-colleagues in the other chamber. In comments slamming Rep. Matt Gaetz, Mullin ran through some of the Florida Republican’s past behavior he said he’d witnessed — including an alleged, um, invigorating concoction he boasted about consuming. “He bragged about how he would crush [erectile dysfunction] medicine and chase it with an energy drink so he could go all night,” Mullin told Raju. Gaetz told Huddle in a statement that he barely knew Mullin and that his claim “is a lie from someone who doesn’t know me and who is coping with the death of the political career of his friend Kevin.” In any case, if you are tempted to recreate this supposed magic potion, your Huddle host is here to beg you: Please don’t. We consulted with a friend who’s an emergency room physician in D.C. and knows a thing or two about ED-drug-related misadventures. Mixing those pills with a caffeine-packed energy drink, he said, risks a dangerous combination of low blood pressure (from the meds) and heart palpitations (from the caffeine). And while the energy drink might well keep you up all night, said the doctor, who weighed in on the condition of anonymity to speak freely, he added that the use of ED drugs can also lead to priapism (Google it, though probably not on a work device) and a long-term risk of dependence. — Daniella Diaz
| | | | A message from the Brennan Center for Justice:   | | | SAYING GOODBYE TO DIFI The trailblazing late Sen. Dianne Feinstein was honored this afternoon in a memorial service outside San Francisco’s City Hall, a crucible for her long, storied political career. A cadre of big-name politicians attended, including Vice President Kamala Harris and Senate Majority Leader Chuck Schumer, who both gave remarks. About 30 Democratic senators attended — including California Sens. Alex Padilla and Laphonza Butler, Feinstein’s appointed successor — as well as one Republican, Sen. Thom Tillis (R-N.C.). “I will miss Dianne's talent as one of the Senate's great dealmakers,” Schumer said. “Because of Diane, my daughters grew up in a world that's a little bit fairer, a little more just and more accepting of women in leadership.” Also in attendance: California Gov. Gavin Newsom, as well as California Democratic Reps. Maxine Waters, Barbara Lee, Adam Schiff, Jared Huffman, Scott Peters, and Eric Swalwell, among many other dignitaries. — Daniella Diaz
| | | | GO INSIDE THE CAPITOL DOME: From the outset, POLITICO has been your eyes and ears on Capitol Hill, providing the most thorough Congress coverage — from political characters and emerging leaders to leadership squabbles and policy nuggets during committee markups and hearings. We're stepping up our game to ensure you’re fully informed on every key detail inside the Capitol Dome, all day, every day. Start your day with Playbook AM, refuel at midday with our Playbook PM halftime report and enrich your evening discussions with Huddle. Plus, stay updated with real-time buzz all day through our brand new Inside Congress Live feature. Learn more and subscribe here. | | | | | | | | | Arizona Senate rivals Ruben Gallego and Kari Lake shared a flight from D.C. to Phoenix — and some barbed words. Sen. Ed Markey (D-Mass.) had a lyrical response to Rep. Marjorie Taylor Greene’s pitch for Trump. QUICK LINKS Nancy Mace Explains Why She Nixed Kevin McCarthy as House Speaker, from Eliza Collins at The Wall Street Journal New Jersey politics is a notorious mess. It’s about to hit new levels of nasty, from Ally Mutnick, Sarah Ferris and Nicholas Wu TRANSITIONS Jillian McGrath is now director of congressional affairs for the U.S. Trade Representative. She most recently was a legislative aide for Senate Majority Leader Chuck Schumer (D-N.Y.). Annie D’Amato is now senior director at Invariant. She was previously the Democratic counsel for the Senate Environment and Public Works Committee. Some moves at the Economic Policy Innovation Center: Anthony Campau, who was chief of staff at OIRA, will be running the initiative on regulatory modernization. Matt Dickerson will be the director of budget policy, joining from the House Budget Committee.
| | | | A message from the Brennan Center for Justice: The current power of the Supreme Court would have been unimaginable in the founding era. Ethics scandals and extreme rulings have exposed a broken system in which justices wield tremendous power with little accountability. They now serve more than a decade longer on average than they used to. In a democracy, no one should have power for life. More than two-thirds of Americans favor term limits for justices. And 49 states already impose limits on their supreme court justices. Staggered 18-year terms would bring regular turnover to the bench and result in a Court that better reflects the will of the people. It’s time for Congress to shore up the legitimacy of the Supreme Court by instituting term limits. Learn more: https://www.brennancenter.org/term-limits | | | TOMORROW IN CONGRESS The House will convene for a pro forma session at 10 a.m. The Senate will convene for a pro forma session at 9:45 a.m. FRIDAY AROUND THE HILL Quiet on Capitol Hill.
| | FRIDAY’S ANSWER: B. Jay Cooper correctly answered that Charlotte T. Reid in 1969 was the first congresswoman to wear pants — bell bottoms! — on the floor of the House chamber. TODAY’S QUESTION from Jay: Who was the first American cabinet secretary to meet with Mikhail Gorbachev? The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to huddletrivia@politico.com. GET HUDDLE emailed to your phone each evening. Follow Daniella on X at @DaniellaMicaela. | | | | Follow us | | | | |
Comments
Post a Comment