In a surprising turn of events, former President Donald Trump’s name has been floated as a potential candidate for the position of House Speaker after Rep. Kevin McCarthy was ousted. This comes as House Republicans face an astonishing leadership vacuum, with nine candidates vying for the role. While it was always unlikely for Trump to become Speaker due to mathematical impossibilities, some Republicans, including Rep. Greg Stuebe, Rep. Troy Nehls, and Rep. Marjorie Taylor Greene, have advocated for his appointment.
Historically, the House has never had a non-member serve as Speaker. However, the Constitution and House rules allow for the possibility of non-lawmakers to hold the position. The question arises whether former President Trump, who is currently facing trial on multiple felony indictments, could serve as Speaker. House Rule XXIII states that members indicted for a crime with a potential prison sentence of two or more years should step aside from any party caucus or leadership position. While the rule mentions “caucus” or conference leadership slots, it can be argued that it also applies to the Speaker, as the entire House elects the position.
Both the Republicans and Democrats have internal rules barring individuals under felony indictments from serving in leadership posts. In the past, Republicans altered their rules to protect then-House Majority Leader Tom DeLay before an indictment, but later dropped the rule change due to public backlash. Ultimately, the decision to remove a Speaker facing felony indictment would require a move to vacate the chair on the House floor.
Despite his legal woes, former President Trump expressed interest in serving as Speaker, which caused chaos within the House GOP. However, Trump’s endorsement of House Judiciary Committee Chairman Jim Jordan was met with defeat as Jordan failed to secure the necessary votes. This raised questions about the former president’s influence over House Republicans.
It should be noted that if Trump were to become Speaker, he would not be an actual member of the House and would not have voting rights on the House floor. Additionally, as a non-member, he could potentially be exempt from House rules that bar lawmakers facing serious criminal charges from serving in leadership positions.
While a Trump speakership is unlikely to happen, it highlights the unique nature of the situation. Similar to the duck-billed platypus, which defies traditional classification, a non-member serving as Speaker would be difficult to categorize in political taxonomy.
In conclusion, the prospect of former President Trump becoming Speaker of the House has generated intrigue and chaos within the House GOP. However, due to legal implications and the unconventional nature of a non-member serving as Speaker, it is highly unlikely to come to fruition.
