Absence of House speaker could have serious impact on US handling of terror attacks in Israel

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The absence of a House speaker amid the crisis in the Middle East, as Israel works to defend itself from an unprecedented attack by Iranian-backed Hamas terrorists, has raised significant concerns among national security circles.

The rapidly evolving situation in the Middle East violence highlights the importance of having an operational House of Representatives speaker – and the underscores the challenges of what the interim speaker can do. Specifically, whether Speaker Pro Tempore Rep. Patrick McHenry, R-N.C., can or should receive an intelligence briefing about the situation.

"The Middle East might speed up the election of a Speaker," said one House Republican who asked to remain anonymous. "This points to why it was a bad idea to kick out [former House Speaker] Kevin McCarthy."

The crisis in the Middle East involving a U.S. ally could recalibrate the thinking of House Republicans as the vacant speakership starts to approach a week. 

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Fox is told if push came to shove, "(CIA) Director (Bill) Burns and (Director of National Intelligence) Avril (Haines) would probably go ahead and brief McHenry because it’s the right thing to do." 

The source noted it would certainly happen if there was a direct threat to the United States or the U.S. needed to be involved militarily. 

"Say if this went to DEFCON 2," said a source. 

"DEFCON 1" is the highest "defense condition" security posture the U.S. has. 

A source told Fox News that the Biden administration could take the line that there is no speaker for the House of Representatives. Thus, McHenry would not qualify for an intelligence briefing.

However, Fox was also told that President Biden's team sees McHenry as credible and a responsible individual, so even though he is not speaker, the administration may be willing to brief him.

So far, there has been no call for an intelligence briefing on the Middle East for the Congressional "Gang of 8." That group consists of the House speaker, the House minority leader, the Senate majority leader, the Senate minority leader, and the chairs and top minority members of the House and Senate Intelligence committees.

Smoke rises over Gaza City on October 7, 2023 during Israeli air strikes. (MAHMUD HAMS/AFP via Getty Images)

That said, Senate Majority Leader Chuck Schumer, D-N.Y., is overseas on a foreign trip to China.

Fox is told that a "Gang of 7" could convene and leave the top figure in the House out, because there is technically no top figure in the House with the speakership in limbo.

Fox has also heard from multiple lawmakers and congressional sources warning of potential problems for the U.S. should there be a need to respond to the Middle East situation or another foreign policy crisis. 

The House, currently led by McHenry in its absence of a speaker, could not advance any legislative measure related to the crisis should that be necessary.

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Rep. Kevin McCarthy, a Republican from California, at the U.S. Capitol in Washington, D.C., on Oct. 3, 2023. (Nathan Howard/Bloomberg via Getty Images)

But here’s the problem for McHenry. The House created the concept or "speaker pro Ttempore" as part of continuity of government concerns after 9/11. The House did not ancitipate installing a Speaker Pro Tempore over a political dispute which resulted in the removal of the sitting Speaker. 

Scholars argue that McHenry cannot do anything to run the House except gavel in, gavel out and preside over the election of a new Speaker. 

While the intelligence community may be willing to include McHenry in national security matters now, there is concern among House institutionalists about every action McHenry may take right now.

The House operates off a series of precedents, ordered by Deschler’s, Cannon’s and Hinds Precedents. These books dictate how the House has operated in the past. Any action McHenry takes as Speaker Pro Tempore establishes a new precedent, dictating the authority of potential future Speakers Pro Tempores. 

As it was put it Fox, if McHenry is aggressive in wielding power, that will give the next Speaker Pro Tempore wider latitude. In fact, one source said to Fox that if McHenry goes too far, that establiahes a precedent which may cause some in Congress to ask why they even bother to elect a Speaker and may just start "appointing a Speaker Pro Tempore by 2055."

In other words, if McHenry takes an intelligence briefing on the Middle East, future Speakers Pro Tempore may do that. If he tries to advance a bill on the floor, future Speakers Pro Tempore may do that.

"This is mission creep for a speaker pro tempore," said one knowledgeable House parlaimentary source. "A crisis could completely change the role for the future."

Fox is told this is why McHenry may be reluctant to take any action on any subject until the House elects a bonafide Speaker. He is handcuffed for now. But each move by McHenry. would widen the authority for the role. Fox is told that’s why McHenry appears to be mindful and judicious in the use of any perceived powers he may have now. 

"There are guardrails," said one source. "But because this is unprecedented, they don’t have to be followed."

North Carolina GOP Rep. Patrick McHenry, the new speaker pro tempore of the House, speaks to members of the media at the U.S. Capitol in Washington, D.C., on October 3, 2023. (MANDEL NGAN/AFP via Getty Images)

Last week, foreign policy experts told Fox News Digital that the ensuing chaos that came as a result of McCarthy's removal could lead U.S. adversaries to take advantage of the crippling state of Congress on a number of fronts.

"The chaos in the House of Representatives and the Republican caucus is doing the U.S. reputation for governmental effectiveness no favors," said Alan Mendoza, co-founder and executive director of the Henry Jackson Society, Britain’s leading think tank fighting for the principles and alliances which keep societies free.

"Allies will be concerned that chronic instability appears to have infected the whole House leadership system. Enemies will be emboldened that the U.S. is going to become consumed by internal self-inflicted wounds and may move to seek advantage," Mendoza added at the time.

Eight Republicans voted with every Democrat present on Tuesday to vacate the speaker's chair, with the final vote being 216 to 210 in favor of McCarthy's ouster. McCarthy's immediate removal left Republicans scrambling to fill the role.

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Two Republicans – Reps. Jim Jordan of Ohio and Steve Scalise of Louisiana – have launched bids for House speaker, and a vote is scheduled for Wednesday.

Earlier this week, it was reported that House Republicans plan to hold a candidate forum on Tuesday and an election the following day.

This story has been updated.