Acting Speaker McHenry did not have authority to evict Pelosi: top Democrat

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04 October 2023

U.S. Rep. Patrick McHenry (R-NC), Kevin McCarthy’s hand-picked temporary successor and acting Speaker, operated outside of carefully crafted House rules when he evicted Speaker Emerita Nancy Pelosi and U.S. Rep. Steny Hoyer, the former Democratic Majority Leader, from their Capitol Hill offices just hours after Republicans ousted McCarthy as Speaker.

That’s according to the top Democrat on the powerful House Rules Committee, Ranking Member Jim McGovern (D-MA), who previously served as the Chair of the Rules Committee. He says the “Speaker pro tempore” has one job only: help elect a new Speaker of the House.

“I want to clear up some confusion,” McGovern wrote late Wednesday afternoon.

“As an unelected acting Speaker pro tempore, @PatrickMcHenry’s job is to guide the House toward the election of a new Speaker. That’s it.”

“His power is constrained by the plain text of Rule 1, Clause 8 of the Rules of the House,” said McGovern.

Rep. McGovern said he is “alarmed” by McHenry’s order evicting Pelosi and Hoyer.

“Given the plain text of the rule, I don’t think he has that power,” McGovern added.

McGovern further explained, “The rule says he can only exercise as much authority as is ‘necessary and appropriate’ towards the end of electing a Speaker. The Rules Committee narrowly described this rule in 2004: an acting Speaker pro tempore serves ‘for the sole purpose of electing a new Speaker.'”

“These rules were put into place after 9/11 to ensure continuity of government & quick election of a new Speaker in an emergency. Not to provide for a short-term Speaker due to Republican dysfunction,” concluded McGovern, who has served in Congress since 1997.

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