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  • Nothing Is Working for Kevin McCarthy

    Nothing Is Working for Kevin McCarthy

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    At this point in the unending search for a House speaker, Donald Trump’s candidacy is making as much progress as Kevin McCarthy’s.

    The former president (and half-hearted 2024 White House applicant) today secured his first vote as the House slogged through its seventh fruitless attempt to elect a leader. The semi-serious effort to elevate Trump, put forward by Representative Matt Gaetz of Florida, came at the expense of McCarthy, the Trump-endorsed Republican leader whose bid hasn’t improved in the past six ballots. McCarthy twice more lost 21 Republicans and fell well short of the 218 votes he needs for a majority.

    Today’s votes were notable because they were the first since McCarthy reportedly made an offer to his GOP opponents that seemingly encompassed all of their public demands. The two sides have engaged in intense negotiations over the past day, keeping McCarthy’s candidacy alive and offering perhaps a slim hope that he can win over enough of the holdouts to become speaker. But none of that progress was evident in the tallies this afternoon.

    McCarthy’s concessions represented the equivalent of giving away the remaining trinkets in an already ransacked store. He had previously agreed to significantly lower the threshold of members needed to force a vote to remove him as speaker, known as a “motion to vacate.” After setting the minimum at five members, McCarthy gave in to the renegades’ demand that a single member could trigger that vote—restoring the standard conservatives had used in 2015 to push Speaker John Boehner out of office. His allies could argue that with so much opposition to McCarthy already, there was little difference between a threshold of five and one.

    But according to reports, McCarthy went even further. He agreed to give the House Freedom Caucus designated seats on the powerful Rules Committee, a panel traditionally controlled by the speaker that decides whether and under what parameters legislation can come to a vote on the floor. He also reportedly promised to allow members to demand virtually unlimited amendment votes on spending bills; that change could open up a process that in recent years has been centralized by the leadership, but it could also lead to free-for-alls that drag out debates on bills for days or weeks.

    The concessions are sure to frustrate McCarthy supporters who believe the wannabe-speaker had already surrendered too much to his opponents. Representative Ann Wagner of Missouri told me that the threshold for the motion to vacate should be a majority of the Republican conference. Lowering it to five, she said, was akin to the speaker having “a knife over your head every day.” Earlier this week, I asked Representative Don Bacon of Nebraska, a McCarthy supporter who has spoken of partnering with Democrats on a consensus pick for speaker, whether he might desert McCarthy if the GOP leader kept empowering his far-right critics. “It depends on what it is,” Bacon told me. “But I think we went too far as it was already.”

    McCarthy was betting that Republicans closest to the political center would stick with him if it meant finally ending a leadership crisis now on its third day. And yet, even this most generous offer to his foes was not enough, and none of the 21 holdouts crossed over to McCarthy’s corner.

    McCarthy downplayed today’s first vote before it even began, telling reporters, “Nothing is going to change.” For McCarthy, maintaining the status quo might count as progress. His lingering fear is likely that the bottom will fall out among supporters who are growing tired of the stalemate and are looking to alternatives. Representative Ken Buck of Colorado told CNN that Republicans could nominate McCarthy’s lieutenant, Representative Steve Scalise of Louisiana, by the end of the day if a deal wasn’t struck.

    McCarthy’s allies had hoped for another delay to buy time for negotiations, perhaps even through the weekend, but Republicans evidently determined they could not muster the voters to adjourn for a third time in 24 hours. The desire for delay revealed a tactical reversal by McCarthy born out of desperation. At the outset of the voting on Tuesday, his stated goal had been to keep lawmakers on the House floor, casting ballot after ballot until either his far-right opponents or possibly the Democrats got tired enough to let him win. But six consecutive defeats, during which McCarthy lost rather than gained support, disabused him of that idea. Beginning yesterday afternoon, McCarthy tried to adjourn the House to give him more time for backroom negotiations, having apparently realized that his repeated public floggings were doing him no good.

    Democrats reluctantly agreed to adjourn after the sixth vote yesterday afternoon, but when McCarthy allies sought to close down the House again in the evening, the Democrats fought back. The vote to adjourn became something of a circus. McCarthy’s critics on the right splintered, with four of them voting alongside Democrats to keep the House in session and one arch-conservative, Representative Paul Gosar of Arizona, switching his vote at the last minute. With the outcome in doubt, both parties began shoving late-arriving members—some still wearing their winter coats—to the front of the chamber to cast their votes before the House clerk, Cheryl Johnson, gaveled the motion closed. When Johnson shouted the final tally over the din of the House—the motion to adjourn passed, 216–214—McCarthy and his allies cheered. McCarthy had won his first vote in his bid for speaker, one that staved off his next public abasement for at least another day.

    Earlier yesterday, the House took three more failed speaker votes that were nearly identical to the three failed votes it took on Tuesday. The lone differences were that the anti-McCarthy GOP faction nominated a new candidate, Representative Byron Donalds of Florida, and McCarthy lost 21 Republican votes instead of the 20 defections he had suffered previously.  Representative Victoria Spartz of Indiana switched her vote from McCarthy to “present,” telling reporters after that the party needed to have more conversations about the way forward. “What we’re doing on the floor is wasting everyone’s time,” she said.

    Spartz’s protest made little difference. The House met again for more time-wasting this afternoon, and the best that McCarthy could accomplish was not losing any more votes. His candidacy survived a seventh losing ballot, and the House moved quickly on to an eighth and then a ninth (during which Gaetz abandoned his support for Trump and voted for Representative Kevin Hern of Oklahoma instead).

    Those votes proceeded no better and no worse for McCarthy, who now seems to be one or two more defections away from a final defeat. He is hanging on for now, but the deadline for him to strike a deal or exit the race is fast approaching.

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    Russell Berman

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  • Kevin McCarthy’s Reckoning

    Kevin McCarthy’s Reckoning

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    Republicans today could take control of the House of Representatives, giving them a foothold of power in Washington from which to smother Joe Biden’s agenda and generally make life hell for the president and his family.

    Or they might not.

    It all depends on whether Representative Kevin McCarthy of California, the GOP House leader, can lock down the final votes he needs to become speaker. As of this morning, McCarthy was short of the 218 required for a majority. He can afford to lose only four Republicans in the party-line vote if all members are present. So far, at least five and potentially more than a dozen far-right lawmakers remain opposed to McCarthy’s candidacy or are withholding their support.

    Should McCarthy falter on the first vote, to be taken shortly after the 118th Congress gavels into session at noon, the House would remain in a state of limbo. (Democrats and more than a few Republicans might call it purgatory.) Without a speaker, the House can do nothing. It cannot adopt the rules it will use to operate for the next two years; it cannot debate or pass legislation; it cannot form committees and name chairs; it cannot unleash the torrent of subpoenas that Republicans have vowed to send the Biden administration’s way. Without a speaker, in other words, the GOP has no majority.

    So for the moment, the functioning of the legislative branch depends on McCarthy’s ability to wrangle votes. And like any deadlocked negotiation on Capitol Hill, his—and the GOP’s—predicament could be resolved quickly, or it could endure for quite a while. If no candidate receives a majority of votes on the first ballot for speaker this afternoon—the only candidate who has a legitimate chance on that roll call is McCarthy—then the House must keep voting until someone does. McCarthy has said he will not drop out after the first ballot, effectively hoping to wear down his GOP opposition or cut deals that will secure him the votes he needs. (His office did not respond to a request for comment last night.) He has little hope of appealing to Democrats, who neither trust nor respect a Republican leader who has spent the past seven years cozying up to Donald Trump.

    The vote for speaker is the most formal of congressional roll calls and lasts well over an hour. Beginning alphabetically by last name, the clerk calls out the name of each of the 435 members, who then reply verbally with the candidate of their choice. No speaker vote has gone to a second ballot in more than a century, leaving no modern precedent for what happens if McCarthy does not get the support of 218 members. He could strike a quick deal and win on a second ballot by nightfall, or the series of ballots could drag out for days or even weeks, especially if the House recesses so that Republicans can convene privately to figure out what to do.

    McCarthy is known for being affable but has no reputation for tactical or legislative brilliance. He has desperately tried to placate the five most ardent holdouts—a quintet that includes the Trump loyalist Representative Matt Gaetz of Florida—with concessions that would empower individual members at the expense of McCarthy’s sway as speaker. The most contentious of these involves what’s known as the “motion to vacate,” a mechanism by which members can force a vote to depose the speaker.

    Until recent years, the motion to vacate was a rarely used relic of procedural arcana. But in 2015, then-Representative Mark Meadows of North Carolina—an ambitious conservative who would go on to greater notoriety as Trump’s final chief of staff—dusted off the motion to vacate and essentially pushed Speaker John Boehner into retirement. When Democrats regained the House majority in 2019, Nancy Pelosi, who’d once again ascended to the speakership, engineered a rules change so that only members of the party leadership could deploy the motion to vacate. McCarthy was hoping to keep that change largely in place, but his GOP opponents have demanded that the House revert to the old rules, which would make it much easier for them to oust the speaker as soon as he antagonized them (say, by going around conservatives to pass legislation with Democrats). Over the weekend, McCarthy told Republicans he’d be willing to create a five-member threshold for forcing a vote on the speaker—a significant move on his part but still not as far as his critics on the right would like.

    Although the speaker vote today could be the most suspenseful in memory, McCarthy himself is not in an unfamiliar position. In 2015, he was the presumed successor to Boehner, but a poorly timed gaffe and mistrust among conservatives forced him to withdraw before the vote. He seems intent on avoiding that fate this time around. Nonetheless, McCarthy’s opponents see him as a stooge of the party establishment that they ran to dismantle; they also just don’t seem to like him very much. As yet, McCarthy has no real challenger. But the hardline holdouts have teased a mystery candidate who could step forward on the second ballot, and McCarthy’s ostensibly loyal second-in-command, Representative Steve Scalise of Louisiana, could emerge as a potential consensus choice.

    “Governance will be a challenge,” Oklahoma’s Tom Cole, a longtime Republican lawmaker and McCarthy ally, told me a couple months ago. He said it back when Republicans seemed to be on the verge of a resounding midterm victory, one that likely would have smoothed McCarthy’s path to the speakership. Now it sounds like a significant understatement.

    The high likelihood is that eventually, perhaps even today, Republicans will claim the narrow House majority that they won at the polls. But even if McCarthy squeaks by on the first or second ballot, the party’s struggle simply to organize itself behind a leader won’t soon be forgotten. It will stand as a painful reminder of the GOP’s electoral underperformance in November, and, almost certainly, it will serve as a harbinger of a rocky two years to come.

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    Russell Berman

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