THE COMING CRISIS

The Final Battle for America’s Democracy

Forget November 3. It’s January 3 when Donald Trump and his MAGA Republicans might bury our democracy once and for all. Here’s how.

This is how the crisis would unfold. The precursor of the crisis will come sometime before noon on January 3, when Speaker Johnson removes current House Clerk Kevin McCumber and replaces him with a person loyal to Johnson and House Republicans who they know will refuse to list on the statutory roll of representatives-elect to the 120th Congress any Democrat-elect whom Johnson and the Republicans direct him or her not to list. Under Rule II, Clause 1 of the Rules of the House, the Speaker of the House has the unilateral power to remove the incumbent clerk, and then the power under Title 2 U.S.C. § 5501(a) to replace him temporarily with whomever he wishes until the House elects a successor. 

 McCumber is a Republican appointed by former Speaker Kevin McCarthy. He is widely respected for his integrity and faithful adherence to the Constitution and is reputed to be unwilling to carry out orders he considers to be unconstitutional.

The first moment of constitutional crisis will come when, sometime before the 120th Congress has been gaveled into session, the loyal temporary clerk refuses to list Democrat representatives-elect on the clerk’s roll of representatives-elect that determines who may participate in organizing the new Congress.

https://newrepublic.com/article/215198/2027-new-congress-final-battle-american-democracy