Republicans Already Barred Trump From Being Speaker of the House

With Kevin McCarthy ousted as speaker of the House, some Republicans have suggested that Donald Trump should take up the gavel. But the former president's legal troubles could block any efforts to bring him into the House's GOP leadership, according to Republican Conference rules.

McCarthy was voted out of the top post in a historic vote on Tuesday after eight members of his own caucus joined Democrats in voting against him. After McCarthy announced that he would not seek the speakership again, Representative Troy Nehls, who had voted to keep McCarthy as speaker, said on X (formerly Twitter) that he was nominating Trump for the job.

Representative Greg Steube, another McCarthy supporter, also suggested the idea, writing, "@realDonaldTrump for Speaker 🇺🇸."

But even if Trump had full Republican support in the House, Rule 26 of the GOP Conference states, "A member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed." The conference's rules are voted on by all members in the November before each congressional session.

President Donald Trump delivers the State of the Union address on February 5, 2019. Some House Republicans have suggested he should replace Kevin McCarthy as speaker, but a Republican House Conference rule would prevent that. Saul Loeb/AFP

Trump has been indicted four times in the past six months. He is facing charges in two federal cases—one related to the classified documents held at his Mar-a-Lago estate and the other in connection to his election interference efforts, culminating in the January 6, 2021, Capitol riot.

He has also been indicted in Manhattan in connection with a hush money payment to an adult film star and in Georgia in a case involving efforts to overturn the 2020 presidential election results there. In total, he's been charged with 91 felony counts, many of which carry sentences greater than two years of imprisonment.

"Some House Republicans have been in contact with and have started an effort to draft former President Trump to be the next speaker," Fox News anchor Sean Hannity said on his show Tuesday night. "I have been told that President Trump might be open to helping the Republican Party, at least in the short term, if necessary, if needed."

Asked Wednesday about taking up the House gavel, Trump told reporters outside the Manhattan courtroom where he's facing a civil fraud trial, "All I can say is we'll do whatever's best for the country and for the Republican Party.

"A lot of people have asked me about it.... My focus is totally on [the presidential election]," he said. "If I can help them during the process, I would do it."

But Democratic Representative Sean Casten said making Trump the House speaker would go against the Republican Party's own conference rules.

Responding to a clip of Hannity's segment, Casten said, "I would direct your attention to Rule 26(a) of the House Republican Conference rules for the 118th Congress."

Kevin McCarthy will NOT be running again as Speaker.

I nominate Donald J. Trump for Speaker of the House. — Congressman Troy E. Nehls (@RepTroyNehls) October 3, 2023

GOP Representative Matt Gaetz, who led the charge to oust McCarthy, has previously expressed his support for giving Trump the gavel. Last year, Gaetz said that if Republicans took back the House majority, he would "fire" then-House Speaker Nancy Pelosi and "nominate Donald Trump for speaker of the United States House of Representatives."

Trump previously stated that he would not be interested if the Republicans took back control of the House in last November's midterms.

"No, I think that it's not something I wanted," Trump said in a March 2022 interview with the Just the News website. "A lot of people bring it up. It's brought up all the time. No, it's not something I want to do. I want to look at what's happening, and then we're going to be doing something else. No, it's not something I would be interested in."

Update 10/4/23, 11:18 p.m. ET: This story was updated with additional information.

Update 10/4/23, 1:02 p.m. ET: This story was updated with comments from Donald Trump.