PHOENIX (AP) — An appeals court has rejected an Arizona official’s argument that felony charges against him for delaying certification of his rural county’s 2022 election results should be dismissed because he has legislative immunity.
In an order Tuesday, the Arizona Court of Appeals concluded Cochise County Supervisor Tom Crosby’s duty to certify the election results wasn’t discretionary. The court also said certifying election results is an administrative responsibility and that legislative immunity doesn’t apply to Crosby’s situation.
Crosby and Cochise County Supervisor Peggy Judd, both Republicans, were criminally charged after they balked at certifying the results. Two months ago, Judd pleaded guilty to a misdemeanor charge of failing to perform her duty as an election officer and was sentenced to probation.
Crosby has pleaded not guilty to charges of conspiracy and interference with an election officer. His trial is scheduled for Jan. 30.
Dennis Wilenchik, one of Crosby’s lawyers, said his client will ask the state Supreme Court to review the matter. Wilenchik said moving the certification’s date by a few days wasn’t a criminal act and that Crosby should be immunized.
“If it’s just a rubber stamp then why is it (certification) needed at all?” Wilenchik said.
The Cochise County results were ultimately certified past the deadline after a judge ordered Judd and Crosby to carry out their legal duties. Judd and Supervisor Ann English, the board’s lone Democrat, finally approved the canvass, allowing the statewide certification to go forward as scheduled.
FILE -Cochise County Supervisor Tom Crosby as he leaves Maricopa County Superior Court on Thursday, Dec. 21, 2023, in Phoenix. (AP Photo/Jacques Billeaud, File)
WASHINGTON (AP) — When the 119th Congress is sworn in Friday, House Speaker Mike Johnson will fight for his political life — again.
While the Louisiana Republican has the support of President-elect Donald Trump, it will be House Republicans who will decide whether to reelect him to his post as speaker of the House. Far-right Republicans have at times grown frustrated with Johnson’s leadership and are prone to demanding concessions when their votes become essential.
A flop by Johnson could throw Monday’s congressional certification of Trump’s 2024 election victory into turmoil without a House speaker.
Here's the latest:
The next speaker must receive a majority of the votes cast. If not, balloting continues until someone meets that threshold.
Two years ago, it took Kevin McCarthy 15 rounds of balloting before he gained enough support to take the gavel.
Those voting won their election in November, but they cannot take the oath of office until a new speaker has been elected.
New and returning lawmakers donned their Sunday best to the first day of the new Congress, with many of the women adhering to the traditional colors of their political party.
Red ties and dresses for Republican members can be seen scattered across the House floor while across the aisle Democratic women styled various shades of blue.
Johnson commands one of the slimmest majorities in modern times, 220-215, having lost seats in the November election.
The abrupt resignation of Rep. Matt Gaetz of Florida drops his tally to 220.
That leaves him relying on almost every Republican for support in the face of Democratic opposition, though the typical 218 majority needed could shift with absences and others voting only “present.”
Before his election for speaker can begin, Speaker Mike Johnson opened Friday’s session by declaring that the 118th Congress has come to a close.
On his way to the House floor earlier, he was asked by reporters if he will win the speakership during the first round of voting.
“I hope so. We’ll see,” he said.
Lawmakers are quickly filtering into the House chambers for the start of the 119th Congress, where the first order of business will be a quorum call and then a roll call vote to elect the next speaker.
For now, it’s a festive atmosphere with many lawmakers bringing their children onto the House floor with them to take in some history.
Soon, it will become more serious as the speaker vote is held.
Rep. Mike Johnson, R-La., has the backing of President-elect Donald Trump, but can’t afford hardly any holdouts from the Republican side of the room if he hopes to return to holding the gavel.
Democratic lawmakers are standing and applauding as Democratic Rep. Nancy Pelosi has entered the House chamber as a new Congress begins to gather.
The former speaker had hip replacement surgery recently at a U.S. military hospital in Germany after falling while at an event in Luxembourg with other members of Congress.
The former speaker walked gingerly to a seat in the middle of the chamber. Several colleagues moved quickly to greet her.
New and returning lawmakers walked around the chamber, taking selfies with their children and families ahead of what is expected to be a contentious few hours as Republicans fight amongst themselves to elect a speaker.
Johnson commands one of the slimmest majorities in modern times, 220-215, having lost seats in the November election. That leaves him relying on almost every Republican for support in the face of Democratic opposition.
Here’s a look at some of the Republicans who’ve signaled they may vote against him:
The speaker’s election is set to dominate the opening of the new Congress, but the day will also bring a roster of history-making members.
In the Senate, two Black women — Lisa Blunt Rochester of Delaware and Angela Alsobrooks of Maryland — will be sworn in, the first time in the nation’s history two Black women senators will serve at the same time.
Sen.-elect Andy Kim of New Jersey also is making history as the first Korean American to join the chamber.
In the House, Sarah McBride is the first openly transgender person in the Congress.
And Speaker Emerita Nancy Pelosi, who recently suffered a fall overseas and underwent hip replacement surgery, will make her own return to Washington, a reminder of the power she wielded when Democrats last held the majority.
The speakership has been vacant only 13 times in U.S. history, according to the nonpartisan Congressional Research Service. No speaker had ever been removed until eight Republicans joined with Democrats to oust McCarthy.
Barring those instances, a speaker is normally elected at the start of a new Congress and serves in the job for the full two-year session.
House Speaker Mike Johnson walked into the Capitol on Friday morning seemingly optimistic about his chances of being reelected speaker by his conference despite growing frustrations amongst far-right members of the party.
When asked by a reporter what his message was to his holdouts, the Louisiana Republican said, “We need to unify,” adding that the speaker election “is not just about one person but about moving forward with the America First agenda, the mandate given forward by the American people.”
Johnson denied that he was making any back-door deals.
“There is no quid pro quo here. I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible,” he said.
President-elect Donald Trump called the U.S. House speaker “a fine man of great ability” and wished him good luck on Friday, when the new Congress convenes and Republican lawmakers will decide whether to reelect Mike Johnson to lead their party.
Trump endorsed the Louisiana Republican earlier this week, but whether that support will be enough is unclear. Trump said Johnson “is very close to having 100% support,” but some members of the far right have grown increasingly frustrated with Johnson’s leadership and his handling of funding fights such as the recent short-term spending bill.
“A win for Mike today will be a big win for the Republican Party,” Trump posted on Truth Social.
Johnson’s weak grip on the gavel threatens not only his own survival but Trump’s ambitious agenda of tax cuts and mass deportations as Republicans sweep to power in Washington.
A flop by Johnson could throw Monday’s congressional certification of Trump’s 2024 election victory into turmoil if there is no speaker.
Johnson commands one of the slimmest majorities in modern times, having lost seats in the November election, leaving him relying on almost every Republican for support and with nearly no votes to spare.
Electing a speaker is the first order of business for the U.S. House after a new session of Congress begins at noon. It’s a vote that members take even before being sworn into office.
The House cannot organize until it has a speaker because that person effectively serves as the House’s presiding officer and the institution’s administrative head. The House can elect a new speaker at any time if the person occupying that role dies, resigns or is removed from office.
FILE - Rep. Mike Johnson, R-La., takes the oath to be the new House speaker from the Dean of the House Rep. Hal Rogers, R-Ky., at the Capitol in Washington, Wednesday, Oct. 25, 2023. (AP Photo/Alex Brandon, File)
Speaker of the House Mike Johnson, R-La., talks to reporters after passing the funding bill to avert the government shutdown at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/Jose Luis Magana)
