What happens if Maga Mike refuses to swear the new congress in?

[Blumancru]

I mean, he recently delayed seating a duly elected member of congress. Who is to say he will seat ANY new Democratic members, claiming widespread fraud?
What happens, constitutionally, then? The old congress no longer exists, and there isn’t a new one? Trump thereby effectively dissolves the House?
It sounds far fetched, but so do a lot of things that have actually happened.

[JBTaurus83]

1. I could be wrong

But, if he were to do something that drastic, I think Dems could get a judge to swear everyone in.

[Fiendish Thingy]

5. See post #4 for how things actually work. Nt

[OAITW r.2.0]

2. Then the 2nd Civil War starts.

The War against Trump Republicanism.

[perfessor]

3. Then the 2nd Civil War continues.

FIFY.

[Fiendish Thingy]

6. See post #4 for how things actually work. Nt

[Fiendish Thingy]

4. Doesn't work that way

When the new Congress convenes on January 3, 2027, there will be no speaker.

The members-elect elect a new speaker, and if Dems have the majority of members-elect, then I would expect a Dem speaker to be elected.

Then the new speaker swears in the rest of the members, unless one of the members-elect objects to the seating of a specific member (which would set off a tit-for-tat bloodbath), they are all sworn in en masse.

https://www.congress.gov/crs-product/RL30725

I really hate when a lack of understanding of how government works spreads dangerous misinformation.

[OAITW r.2.0]

7. I was reacting to the suggestion. With an abxence of facts.

Let's see if the institution (Congress) holds in the age of Trump.

[Fiendish Thingy]

9. You've been given the facts

Now that you know how a new congress selects the speaker and seats its members, what do you think republicans might do on January 3 2027 that would affect the swearing in of the new congress?

[OAITW r.2.0]

10. I don't know, do you?

Because I believe that the Republican Party is a criminal organization in all 50 States.

Why?

Because they are fronting a criminal President, hellbent at destroying the system that found him quilty and accountable..

[mr715]

11. There is no Speaker Johnson in the next Congress

Remember the first public humiliation of Leader McCarthy? The clerk or someone convenes the House, and their first vote is to elect a Speaker. If there are more Democrats than Republicans, they elect their Speaker.

Presumptive Minority Leader Johnson does not swear anyone in.

[OAITW r.2.0]

13. Unless, of course....there is a declared Republican majority.

[mr715]

14. And if pigs could fly

i'd carry an umbrella.

[Fiendish Thingy]

18. Dems will gain at least 20-30 seats despite gerrymandering

There will be no republican majority in the house in 2027.

[Fiendish Thingy]

17. And yet...

This one absolute truth remains:

Trump is not omnipotent, and the states and the people are not powerless

This same mythological scenario of not seating Dem representatives has been floated many times- in 2019, 2021, 2025…

It’s never happened, despite so many being certain it would.

[VMA131Marine]

8. Exactly however

the Senate is different because 2/3rds of the members are retained at each election and members are sworn in by the VP. It would be easier for the Senate to pull off something like this.

[H2O Man]

21. But what if

it starts raining old television sets and stoves? I mean, it could happen, right? Gosh, this is overwhelming.





Note: Thank you for providing the actual answer to the OP.

[Fiendish Thingy]

22. You're welcome

It’s depressingly funny how so many refuse to believe how things actually work, and assume whatever they can imagine will become reality.

[H2O Man]

23. There are times

when I watch court hearings involving "sovereign citizens," a species that anthropologists think is closely related to q-anoners. They are convinced they "know," but are actually the definition of a group delusion on a foundation of ignorance. And these are a sub-group of those who are suffering from other strains of ignorance, that make them prone to being exploited. Sometimes, those seeking to exploit try to floast nonsense by those who did not pay attention in 8th grade social studies.

[Blumancru]

30. Wasn't spreading disinformation, just wanted to know how things worked when the new congress convened.

The members-elect choosing a new speaker is the key. The rest falls in place.

[Jack Valentino]

12. I will put him into a large crock pot, with

a lot of barbecue sauce....


("The secret is in the sauce"---- yes, from the film 'Fried Green Tomatoes' )

[Whiskeytide]

15. I think it's safe to assume that the Republican controlled...

… House will not give up control in the customary manner. I expect there will be multiple efforts on various fronts to expressly or effectively nullify the votes and retain control.

Anyone who says they can’t do it because of some interpretation of the long-standing rules that govern the process hasn’t been paying attention. The law, customs and norms don’t seem to have deterred their agenda so far. They live to flaunt such things.

[Fiendish Thingy]

19. They don't have a choice

Their terms end on the last day of business in 2026.

Period.

You know who’s in charge at the opening of the new congress on January 3, 2027?

The head clerk.

. I expect there will be multiple efforts on various fronts to expressly or effectively nullify the votes and retain control

Remember the 2020 election, and all those lawyers who got disbarred?

That’s not how any of this works.

The states will certify their votes and swat away any nuisance court challenges without breaking a sweat.

Just because you can imagine some vague dystopian scenario without thinking through the details of just exactly how it would be enacted doesn’t mean that scenario could actually happen.

[Whiskeytide]

24. Do you think it is still 2020? The looney tune lawyers and ...

… sycophants were trying to overturn that election working from the outside - and against what was still a reasonably functioning government.

Things are different now. People have been replaced. Smarter and more corrupt officials are in place. Systems have been tested and vulnerabilities found.

It was a clown show in 2020. It’ll be a bit more serious this time.

I hope you’re right and I’m wrong. But I think it’s naive to believe there won’t be a better organized and well funded attempt in 2026. .

[Fiendish Thingy]

25. It doesn't matter how smart or well funded they are

All house terms expire in the last day of business of 2026, and there will be no speaker until the new members-elect choose one in 2027.

States run elections, and certify the results. Except in razor-thin races, no amount of money or skillful lawyering can alter the results.

In 2020 there were sycophantic election deniers on the inside who attempted to alter the results, and they went to prison (see Tina Peters).

Despite gerrymandering, in 2026, Dems will pick up 20-30 seats by safe, unchallengeable margins, and will choose the next speaker. Some of the new gerrymandered districts may unintentionally provide even more Dems seats by slimmer margins.

[Whiskeytide]

26. Again - I hope you're right. But it does matter ...

… how smart and well funded they are. And most importantly how corrupt they are.

This won’t be the pillow guy and the Kracken this time around. The clown show is done. I suspect that quite a few uber-wealthy interests saw the potential for weakening democracy in 2020, and decided that - as detestable as Тяцмp may be - he could be a conduit for flipping the scales even more to their preferences.

I’ve seen nothing in the character of the current GOP that suggests they won’t use the DOJ, law enforcement and the military to its full advantage. And they will corrupt and/or terrorize any state or federal office that tries to follow the process.

We have to come to terms with that fact.

[in2herbs]

29. I'm still waiting on a hearing filed by the AZ AG on Johnson's delay of swearing in a Dem to the House. This

decision should benefit Ds.

[Iggo]

16. If the old congress doesn't exist anymore, is he still the speaker?

[Fiendish Thingy]

20. See post #4 for a fact based answer. Nt

[MineralMan]

27. At that point, there is no Speaker of the House, so he cannot refuse.

There is no real question here. It's good to understand how things actually work.

[Historic NY]

28. we should get someone to lock him is a closet

oh wait he's already there.