3 weeks ago

Why is the US House speaker refusing to seat an elected Democrat? | Moira Donegan

The people of Arizona’s seventh congressional district – a vast territory extending across the state’s south, along the Mexican border – have been denied representation in Congress for weeks. That’s because Mike Johnson, the Republican House speaker, has refused to swear in Adelita Grijalva, their representative-elect, who won a special election to fill the seat vacated by her father, the late Raúl Grijalva, in a landslide late last month. Grijalva, a Democrat, has been largely ignored by the speaker. Unlike sworn representatives, she has to go around the Capitol with an escort. There’s an office with her name on the door, but she hasn’t been allowed inside, and has worked instead out of a conference room on another floor.

It is an unprecedented abuse of procedural power on the part of the speaker, one that has had the effect of silencing a political opponent and denying representation to the citizens of her district. In refusing to seat Grijalva, Johnson has defied the will of Arizona’s voters, and effectively nullified, at least for the time being, a legitimate congressional election. He has persisted in this even in defiance of his own promises, after saying on Friday he would seat her this week once the House returned to session – and then telling lawmakers they wouldn’t reconvene this week after all. Last week, Grijalva showed up to a three-and-a-half-minute pro forma session, hoping to be sworn in then. (Johnson has sworn in other representatives at pro forma sessions in the past.) But the Republican presiding over the session, Morgan Griffith, ignored the effort. On a weekend talkshow, Grijalva said she had heard “absolutely nothing” from the speaker about the timing of her swearing in.

Grijalva thinks she knows why. There is no political calculation that could justify Mike Johnson’s refusal to seat a duly elected member of the House: Grijalva won her race, and both his oath to the constitution and his responsibilities to the body that he leads require Johnson to seat her. But in lieu of deference to these higher aims, Grijalva suspects that Johnson is pursuing a much more cynical one: in refusing to swear her in and allow her to take up the office to which she has been elected, Johnson, Grijalva thinks, is aiming to stop her becoming the final member of Congress whose signature is needed to force a vote on the release of confidential files related to Jeffrey Epstein. Currently, the petition has 217 signatures; it needs only 218. Grijalva has pledged to support it. “Why the rules are different for me – the only thing that I can think of is the Epstein files,” Grijalva told the New York Times.

The Epstein scandal, and the ensuing fallout from new and resurfaced revelations about Donald Trump’s deep and longstanding friendship with the deceased child sex trafficker and financier, has long plagued the Trump administration. One of the few genuine threats to Trump’s grip over his coalition came a few months ago, when his justice department refused to release files relating to the case, causing outrage among a group of rightwing podcasters, media personalities and conspiracy theorists who had long traded on speculation about the case and accusations that powerful Democrats were involved in a cover-up.

The discharge petition, if passed, would not be likely to result in the actual release of the documents. The move has little support in the Republican-backed Senate; there is no chance that Donald Trump, who has opposed the release of the Epstein files, calling them a “waste” of “time and energy”, would sign a bill into law making them public. But what the move would accomplish is forcing a full chamber vote on the matter, requiring every member of the Republican caucus to go on the record either endorsing the release of the files – and thereby displeasing Trump – or opposing it – thereby displeasing their voters. The Times has reported that Johnson’s delay is giving the White House more time to pressure Republicans who have already signed on to the discharge petition to remove their signatures before the Grijalva is sworn in.

And so it seems that Johnson is ignoring the constitution and subverting the will of the voters in order to buy time, in an effort to spare his party embarrassment over their president’s one-time close confidence with a pedophile.

But the refusal to seat Grijalva has broader implications. In using his procedural control over the functioning of Congress to deny a seat to an elected Democrat, Johnson is setting a dangerous precedent and raising questions about future transfers of power. If a Democratic majority is elected in 2026, will the outgoing Republican speaker duly swear in its members? Or will he use his procedural powers to delay one, several or many of them from taking their oaths of office – either under the pretext of election fraud or personal ineligibility, or out of sheer, bald unwillingness to hand over power to members of a party that the president and his allies have repeatedly described as illegitimate?

These are no longer fanciful questions; they are ones that must be asked. The Republicans who refused to subvert the law for Trump’s benefit on January 6 are now largely gone; the ones who have replaced them appear much more willing to place party before country. Every day that Grijalva is not sworn in, the shadow they cast over 2026 darkens.