A retired conservative federal judge says one personnel move by House Speaker Mike Johnson would tip off Americans to a scheme to override voters.
J. Michael Luttig, a former judge on the 4th U.S. Circuit Court of Appeals, told Jim Acosta on Tuesday's episode of "The Jim Acosta Show" that the warning sign is Johnson firing the clerk of the House and installing a loyalist before the 120th Congress convenes on January 3.
"If Mike Johnson fires the clerk and puts in his place a loyalist to Mike Johnson and the House Republicans and to Donald Trump, that will be the signal moment that will tell the American people that Donald Trump and Mike Johnson are going to try to refuse to seat Democrats-elect in the 120th Congress," Luttig said, adding that this "is where the whispers began and are getting louder by the day."
Luttig explained that under Article I, Section 5 of the Constitution, the House is "the judge of its elections and returns," which he said has been interpreted for 200 years to let the chamber decide whom to seat, even when those members were elected by voters in their districts. Under House rules, the clerk submits the official roll of members-elect certified by their states, and Johnson as speaker has the power to fire the clerk and name a temporary replacement, Luttig said.
Should that happen, Luttig said, Americans "will have to file what's called a mandamus action in a federal court" to force the clerk to list every certified winner.
But he told Acosta the "more likely scenario" is that some states "will refuse to certify Democrats who have been elected by the people of that state," which he said would make it "smooth sailing" for Johnson, House Republicans and Trump. He argued Trump and Republicans have spent six years taking over state election processes and personnel "while the Democrats had been, you know, sitting there twiddling their thumbs."
Luttig urged Americans to warn Trump, Johnson and every sitting member of Congress now. "Don't you dare try this," he said. "And if you do, there will be rioting in the streets."
He also faulted House Democrats, betting "dollars to donuts" that they "will never between now and November 3 say one thing about this possible scenario."
Luttig added that any federal official who intentionally violates the law to subvert the will of voters can be prosecuted federally, "pardon or no pardon."