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Fact Check: Do Donald Trump Indictments Bar Him From House Speaker Role?

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Some GOP House members have indicated that they would support the former president in a vote to select a new House speaker.
Kevin McCarthy’s ousting as speaker of the House on Tuesday led to questions over the possibility of Donald Trump being able to, in theory, take over the role. McCarthy’s removal was instigated by pro-Trump Republican Congressman Matt Gaetz.
At least three GOP House members—Rep. Troy Nehls of Texas, Greg Steube of Florida, and Marjorie Taylor Greene of Georgia—have already indicated that they will support the former president in voting to select a new House speaker.
However, one commentator suggested that Trump’s indictments would automatically stop him from hammering the House gavel.
The Claim
A post on X, formerly Twitter, by New York’s former assistant attorney general Tristan Snell, posted on October 4, 2023, viewed 300,600 times stated “BIG DEAL – Trump CAN’T be Speaker—because of his indictments. House Republicans’ own rules require a leader to step aside if indicted for a felony of 2+ years of prison.”
The post included screengrabbed text which stated: “Rule 26—Temporary Step Aside of a Member of Leadership who is Indicted (a) 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 Facts
The text quoted by Snell is from the House Republican Conference for the 118th Congress, internal congressional rules agreed upon by the GOP.

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