Democrats are preparing for a doomsday scenario in which House Speaker Mike Johnson (R-LA) tries to keep their members from taking their seats if the party wins a majority next week, and one top Democrat has named the move that would set off alarms.
Rep. Jim Himes (D-CT), the top Democrat on the House Intelligence Committee, said House Clerk Kevin McCumber understands that his job of assembling the roll of incoming members is purely procedural. But if Johnson tries to fire McCumber in the days before the new House is seated, Himes said, it would be a “break glass” scenario for Democrats, according to The Washington Post.
Johnson’s term expires at noon Jan. 3, when the new Congress convenes. But conservative former federal judge J. Michael Luttig has warned that if Johnson installed a GOP loyalist as clerk before then, the new clerk could leave Democratic winners off the official roll used to organize the House.
Democrats are bracing for President Donald Trump to reject the midterm results, and Himes said they expect Trump to go all out to deny them congressional majorities should they win.
“We’re making the presumption that the president will not accept the results,” Himes told reporters.
Himes and Sen. Mark Warner (D-VA), the top Democrat on the Senate Intelligence Committee, are especially worried about one move. They fear that if returns turn against Republicans, Trump will cite supposedly classified intelligence to accuse a foreign country, China, for instance, of tampering with the count.
U.S. intelligence has found Russia, China and Iran using AI-powered social media campaigns to sway voters, but no evidence has been presented that any foreign actor can or will meddle with the voting itself, the Post reported.
Should Trump make that claim, Himes said, CIA Director John Ratcliffe and Director of National Intelligence Jay Clayton have agreed to talk with him and Warner about any intelligence behind it. That could let the lawmakers say publicly whether the claim holds up.
Warner said 75 voting rights groups with legal teams in place have been gathering regularly to game out contingencies. House Democratic Caucus Chair Pete Aguilar (D-CA) said party leaders have run tabletop exercises that mapped out 162 ways Republicans could try to meddle with the elections.
To head off a standoff over seating, Reps. Josh Gottheimer (D-NJ) and Don Bacon (R-NE) are circulating a letter asking members to pledge to recognize state-certified winners and oppose any effort to block or delay seating them. Only 17 members have signed so far.
The Justice Department has already asked a court to block certification in Alaska if Republican Sen. Dan Sullivan narrowly loses, arguing voters could be confused by a second candidate also named Dan Sullivan. Harmeet Dhillon, who heads the department’s Civil Rights Division, warned that the department, which is sending more election observers than ever, may take legal action afterward.
Ben Hovland, whom Trump fired from the Election Assistance Commission this year, predicted that the Justice Department will act as the administration’s private legal arm once the polls close.
A Post-ABC News-Ipsos poll this month found that just 28 percent of Americans are confident Trump will accept the results if Republicans lose.
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