Arizona AG threatens lawsuit as Speaker Johnson delays Grijalva swearing-in
Add Axios as your preferred source to
see more of our stories on Google.
Photo courtesy of Adelita Grijalva's campaign
Adelita Grijalva's election as Arizona's newest member of Congress is now official in every way but one — U.S. House Speaker Mike Johnson has yet to swear her in, and state Attorney General Kris Mayes is threatening legal action.
The intrigue: Grijalva (D-Ariz.) would be the pivotal 218th vote on a discharge petition from U.S. Rep. Thomas Massie (R-Ky.) on the release of files related to the sex crimes case against financier Jeffrey Epstein.
Catch up quick: In the three weeks since Grijalva's landslide win in the special election for southern Arizona's 7th Congressional District, Johnson has refused to swear her in.
- She won the seat previously held by her father, former U.S. Rep. Raúl Grijalva, who died in March after 22 years in office.
Driving the news: Arizona Gov. Katie Hobbs, Secretary of State Adrian Fontes and Mayes met Tuesday morning to certify Grijalva's Sept. 23 victory.
What they're saying: Hobbs urged Johnson to "swear in the duly elected congresswoman so that her constituents finally have representation in Washington." Meanwhile, Mayes said it is "way past time" for Johnson to seat Grijalva.
- Johnson "and his staff have given shifting and at times absurd reasons for failing to administer her oath of office," Mayes said at the election canvass on Tuesday.
- In a letter Tuesday to Johnson, Mayes, a Democrat, noted the speaker had quickly sworn in previous special election winners and said Arizona's right to a full House delegation and the district's rights to the representation they voted for "are not up for debate and may not be delayed or used as leverage in negotiations about unrelated legislation."
Threat level: If Johnson doesn't provide "assurance of when and where" Grijalva will be sworn in within two days, Mayes said she'll go to court.
Reality check: The U.S. Supreme Court in 1969 ruled the House can't exclude members who meet the constitutional requirements to serve, though House rules won't require Johnson to swear in Grijalva until the chamber is back in session, the Arizona Republic recently reported.
- The House has only held pro forma sessions since the shutdown began.
- Yes, but: The speaker has the option of doing so during pro forma sessions, as he did in April for two Florida Republicans.
The other side: At a Tuesday morning press conference, Johnson said he won't swear in Grijalva until the ongoing federal government shutdown ends, calling on Senate Minority Leader Chuck Schumer and Arizona's Democratic Sens. Mark Kelly and Ruben Gallego to vote to reopen the government.
- Grijalva deserves to be sworn in with the same "pomp and circumstances" as other members of Congress, which he said can't happen until the House has a full session, Johnson said.
- A spokesperson for Johnson did not respond to a request for comment from Axios on Mayes' threat of litigation.
Yes, but: In a statement Tuesday, Grijalva called on Johnson to swear her in and said she'll "be in close contact" with Mayes to explore legal options.
- "Any further delay reveals his true motive: Speaker Johnson is stalling because he knows I will be the 218th signature on the discharge petition to release the Epstein files," Grijalva said.
Editor's note: This story has been updated with new details throughout.