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Retired Judge Warns House Clerk Change Could Signal Effort to Block Democrats-Elect

By Drooid · · How we work

Core Event: Proposed Clerk Replacement

Former 4th U.S. Circuit Court of Appeals judge J. Michael Luttig told Jim Acosta that House Speaker Mike Johnson’s potential firing of the House clerk and appointment of a loyalist before the 120th Congress convenes on January 3 would “signal” an intention to refuse seating members-elect from the Democratic Party. Luttig framed the move as a “warning sign” that could precede a broader effort to overturn the election results.

Legal and Political Implications

According to Luttig, the clerk’s duties include submitting the official roll of members-elect certified by the states. If the clerk were replaced, Luttig said Americans would need to file a mandamus action in federal court to compel the clerk to list every certified winner. He also suggested a “more likely scenario” in which some states might refuse to certify Democratic winners, which he described as “smooth sailing” for Johnson, House Republicans, and former President Donald Trump. Luttig warned that such actions could lead to “rioting in the streets” and predicted that House Democrats would remain silent “between now and November 3,” the scheduled election day.

Official Statements & Responses

Luttig urged the public to warn Trump, Johnson, and all sitting members of Congress, stating, “Don’t you dare try this.” He framed his remarks as a call to action, emphasizing the potential for civil unrest if the alleged scheme proceeds.

Verbatim Quotes

  • “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,” — J. Michael Luttig, a former judge on the 4th U