out the door. i think one of the key votes i would look for going up on the board early on is andy biggs. andy biggs, not only has i think a reasonable mind, i think he can step back from this. he will also be very influential on others. as goes biggs, i think a number of them will also go. i really do. and for, you know, matt rosendale has to look people in the mirror and say you are criticizing the speaker for working with democrats but you are the one that will be voting with the democrats today. so -- >> john: yeah, an interesting point to make. we won't have to wait long when the roll is called to find out how biggs voted, at least his name is not zimmerman. might have to wait a long time if it were. jason, good to see you. thanks so much. really appreciate it. >> thank you. >> john: at this hour, house speaker kevin mccarthy fighting to hold on to the gavel with the house set to vote on a motion to oust him. breaking coverage continues with hour two of "america reports." john roberts in washington. good to have somebody with your experience here. >> aishah: i'm glad to be here. all hell is breaking loose -- >> john: can we say it? it's true. >> aishah: chad pergram is in the thick of it all on capitol hill, he awaits speaker mccarthy to pass him and hopefully you can grab him when he heads to the house floor. chad, what are you hearing in this moment? >> so here is what's going to happen in the next 20, 30 minutes. house is going to vote to table or try to set aside this effort by matt gaetz, the republican from florida to call for a new vote for speaker. the first vote you are going t see we are going to worry about, that's not an actual vote on getting rid of kevin mccarthy. it's not a new vote for speaker. it's an effort by mccarthy loyalists to try to postpone this, to set this aside, to kill this effort by matt gaetz. what i've just been told in the past few minutes, how the democrats are going to vote. democrats have been told to vote no on the motion to table. so in other words, if you don't table this, then matt gates' motion becomes live and that is where he says we don't have a speaker right now. let's have a vote for speaker, that's the motion to vacate the chair. and if the second motion, if the motion to table fails, then the motion to actually vacate the chair, to call for a new speaker election probably prevails, and where the democrats have told their members to vote yes on the motion to vacate. the democratic leadership just put out a statement in the past hour saying they will vote yes on the motion to vacate. this is why this is so confusing to figure out how this is going to vote. first of all, we don't do this sort of exercise in the house of representatives very often. the last time was 1910. a motion to vacate. almost a no confidence vote similar to what you would have in a parlimentary system in great britain or someplace in europe. we don't have those with speakers of the house generally. but the reason it's hard to figure out the algebra here is you might have a number of democrats not participate. they might vote present, that volume et does not count toward the total, and might not even vote. hakeem jeffries has said this is a fight, a civil war, his words, among republicans, they have to figure this out on their own. so the reason the algebra is so complicated, you don't know what the magic number is to actually prevail or defeat the motion. that's the problem. but i'll tell you what. if they do fail to table this, then they vote on the gaetz motion to vacate the chair, if the secondary motion fails, the primary motion, the motion to vacate is adopted and then we are off to the races. there is trouble in river city. there will be a vote for speaker. what happened on january 3rd, where we had the 15 rounds for five days voting repeatedly fo for speaker of the house over and over again, that's what the house has to go through to get a speaker. i don't think it will come to that vote, i will tell you, however, the record was more than two months in 1855 and 1856 and 133 ballots before they elected nathaniel banks. kevin mccarthy says he will continue and fight, probably try to run again for speaker. and if it took that long to get him elected speaker considering the things inside the house republican conference, it would probably take longer to get a speaker and keep in mind if it comes to that point, you can't do anything else on the house floor. all legislative activity stops. what we are focused on right now in the next half hour or so is that vote on the motion to table. and again, that's an effort to put aside the effort by matt gaetz to call for a motion for speaker. back to you. >> aishah: chad, really quickly, i'm reading online on twitter here, jake sherman is reporting there are some house democrats voting by hand in the well of the house, perhaps waiting for more members to arrive. do we not have a full quorum here? >> right now they have a full quorum because there's more than 218 members have voted. but what you do sometimes if you are trying to slow the process, and we saw this the other day where members waited until the very end. this was on the parlimentary motion before the vote to fund the government where democrats kind of slow-walked this a little bit. they didn't come in and vote by electronic device, kind of like a credit card, they didn't do that off the bat so trying to slow this down a little bit. we are in the middle of two votes that have nothing to do with what's going to come up later but a bit of a delaying tactic to slow it down and that's typical of the minority. you do that in strange circumstances like this, the republicans did the same for the democrats if the shoe was on the other foot. right now that's what they are doing. i will say if we do get to an actual speaker vote we are going to see something we have not seen since january 3rd. i'm told what they will do is require the members to vote vocally, call the role by alphabet, and go down the roll and currently 433 members of the house. it does not get to that unless the other two votes go the opposite way against kevin mccarthy. he reiterated this morning he thought that he would be successful, he said that he was confident that he would still be speaker of the house tonight, aishah. >> aishah: thank you very much. stand by, let us know if you see speaker mccarthy heading out of his office to the house floor. thanks, chad. >> john: slowing things down, but at least nobody has pulled the fire alarm, not yet. bring back bret baier, executive editor and anchor of special report, i don't know if you had a chance to hear jason chaffetz, he was chastising his republican colleagues saying look, there is no end game here. what is this all about? like tom brady going into the super bowl without his playbook on his wrist. >> bret: good analogy. there is a question what the end game looks like and what's the purpose. is this personal between matt gaetz and mccarthy, where does it go from here, gaetz says it's not, says it's bigger than that. i should point out the former president minutes ago went to truth social saying why is it that republicans are always fighting among themselves. why aren't they fighting the radical left democrats who are destroying our country, from former president trump who obviously is in the middle of his own court case up in new york. i should also point out i talked to somebody on capitol hill watching these votes very, very closely, doing their own whip counts and to the next vote that's coming out, this is what chad talked about, the vote to table gaetz' motion, we are -- they are seeing that they need two more votes and they think they are on the cusp of winning the table the motion vote. and they are two shy. so as you move on to the next thing, you could see this table the motion happen and it pushes gaetz aside, which he could bring back up a motion to vacate as early as thursday. >> aishah: and that was going to be my follow-up to you, actually. here is the thing, if we get through today, it could just happen over and over again, matt gaetz told reporters yesterday he's willing to go up to 15 rounds if not more, and obviously dis to how kevin mccarthy got the gavel in the first place. at some point the rule has to change, right. >> bret: yeah, you would think. it would not be add nauseum, i don't think republicans would put up with that, and pushback from people at home. what are you doing or not doing up there. we already hear people hate washington and hate congress broadly, but when you see dysfunction again and again and again in everybody's living room it starts to add up. so, we are going to watch this vote really closely, and if they are really just two votes shy, you know, you do some horse trading behind the scenes and who knows how those votes change. >> john: we will keep watching it. we are told this is the vote before the motion to table comes up for a vote. expected to last five minutes or so, we'll watch this closely along with you. bret, thank you. stand by. new york congressman mike lawler, you are planning to stand by the speaker. what do you expect will happen in the minutes ahead? >> well, we are about to vote on the motion to table on the motion to vacate brought forth by matt gaetz, and the only way that matt gaetz can be successful in this is if house democrats support it. he would need the support of aoc, ilhan omar, rashida tlaib, nancy pelosi, adam schiff and the like, and the fact he has aligned himself with these individuals to undermine the house republican majority is disgusting, it's shameful, and it speaks volumes to the fact he has put himself and his personal petty grievances above the american people. >> i think you called matt gaetz a sharlaton the other day. and fox is told there are some republicans that are going to move to try to expell the congressman if he's found guilty in that ethics committee investigation. can you tell us what's happening with that? do you expect that to happen? >> i'm not going to speak to what the ethics committee is doing, i will allow that process to play itself out. you don't expell a member because they are a jerk. obviously there would need to be credible evidence to come forward. what i'm focused on right now is ensuring that our house republican majority is able to govern and that we are able to do the business that the american people elected us to do, which is to pushback and hold joe biden's administration accountable. the reckless spending, the open borders, the failure on foreign policy, we need to get back to work and matt gaetz is delaying our ability to do that by bringing this up. >> john: all right. congressman, we will let you go back in, the motion to table expected to come up for a vote in the next couple of minutes. thank you so much, really appreciate it. let's bring back our panel, juan williams, senior political analyst for fox news, and chris bedford, we are expecting mccarthy will walk over any second now, so maybe we want a big little -- chad pergram's camera, you heard lawler lay it out, matt gaetz is with aoc, the rest of the squad members, adam schiff, to undermine -- >> it's looking tough for kevin mccarthy. you hear the complaints and frustration comes from where we have to get to the important work of protecting our border. congress has not had a significant legislative hand since the 80s protecting the border. >> john: into nostalgia like my friend juan over there. mccarthy is coming through here, let's see. sound up. >> how are you feeling, speaker? >> feel good. >> are you hopeful you will stay in the job? >> stand by the idea you are going to be speaker of the house tonight? >> yes, look. i'm an optimist, no point being anything else. i think this is a big honor to be able to do this, i think we have been very successful at different points. i just would not understand if there's a handful of republicans who join democrats who get to determine who is the speaker of the house, but it is what it is. >> what about these republicans opposed to you, what has gone on here, what do you think is their thinking? >> these are the same ones who opposed me before, they are turning the floor over to the democrats. >> the first speaker to face this since 1910. i know joe canon did the resolution on his own, but the fact you are facing this, does that say something about the speakership or the narrow majority. >> no one thought about using it until the boehner part and then he did not go through with me, i continue to work through it. >> i know you don't like hypothetical questions, if it goes to a speaker vote eventually, will you continue to stand for speaker vote after vote after vote. >> talk to me, we'll see what happens. >> what does the chaos saying about republicans right now? >> aishah: you just heard from speaker mccarthy as he walks in to meet his fate on the house floor. we are anticipating the next couple of seconds here a vote to table the motion to oust speaker mccarthy. it's all kind of gets gobbled up together, but let's bring our panel back in, so you heard from the speaker, he's very confident, looks and sounds the same, eternal optimist. what do you make of that? >> i think it's interesting to hear him say as his base argument as he goes into the arena that it's about turning power over to the democrats. so he's appealing to people who may be on the line, bret baier said when it comes to the vote to table they may be able to get a few people who would say let's table matt gaetz' initiative and i think his appeal to those people is you are opening the door to democrats take over. i find that just listening as a political analyst a pretty weak appeal. it may suffice, you know, i can't vouch for that. >> john: you work with what you've got. >> all he's got at this point. those are the same people who have said they don't trust him, they don't want him, but his argument is oh, you are helping the democrats here. >> john: and that's what i posited to you 40 minutes ago, or more than that, if he could effectively make the case that because now, i'm wondering if there's some weird coordination between hakeem jeffries and mccarthy over this, if you have the entire democratic caucus arrayed against you, united, does that give republicans impetus to vote to keep him as speaker? >> we have the public letter from hakeem jeffries but don't know what was said in the democrat meetings where members were asked not to bring staff and leave their cell phones outside in cubbies, we don't know what deals could be happening. it's up in the air, i've gotten some negative texts mccarthy world worried about where it's going now, less optimistic than their always optimistic boss and question for gaetz, who is the constituency he's playing to here. kevin mccarthy is not particularly unpopular with maga, donald trump republicans. >> john: marjorie taylor greene likes him. >> so the idea of winning a primary for the governor of florida. i'm not sure if the votes exist there. we were talking earlier, is there some kind of donor interest that would come, small donor interest from knocking out mccarthy, i'm not sure what the play is for popularity there. >> aishah: juan, what about the moderate democrats? we talk about aoc and others, and they would not vote to save mccarthy, he may not represent them but has been able to reach across the aisle and work on averting a government shutdown, for example. >> right, the question both for moderate democrats and moderate republicans, they are trying to protect their seats. for moderate democrats, protecting their seats would say wait a minute, look at who is putting on this clown show and everybody is crashing and things are not getting done. i think they are ok but they would like to see some progress but they are comfortable abiding by kareem jeffries rule if it's the one that chris was talking about in the letter, let's stay together here. moderate republicans on the other hand, they are really to me fascinating because they, too, want things to work, but they also realize that they are putting themselves at greater risk if this kind of two days from now gaetz is back again, and we are back in the same spot. at some point then people who are in swing districts say what kind of representative do i have that's party to this madness? >> john: like the tom cruise movie "edge of tomorrow," the day keeps repeating again and again and again. tom cruise eventually ended up beating the alien, but if you keep on doing the same thing over and over again at some point do people just say stop. >> what's connecting the parties. what puts matt gaetz and kevin mccarthy -- aoc, why is she in the same party as chuck schumer. the way the parties are right now and the american system with the moderate republicans, moderate democrats, liberal democrats, conservative republican, it seems they are not even the kind of group that most of the country and the parlimentary system you would see on the same team at all. >> aishah: speaker mccarthy has entered the house chamber and we are watching and waiting for this motion to table the motion to vacate. we will hold your hands, walk you through all of it right after this break. a prime target for cyberattacks. but the same ai-powered security that protects all of google also defends these services for everyone who lives here. ♪ sometimes, the lows of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia 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have been very successful at different points. i would not understand if there is a handful of republicans who join democrats who get to determine who the speaker of the house is, but it is what it is. >> what about the republicans opposed to you, what has gone on here, what do you think is their thinking? >> these are the same ones who opposed me before and so they are turning the floor over to the democrats. >> john: speaker mccarthy a short time ago going from his office to the house chamber, stopping to talk with chad pergram, confident that by the time the day is over he would have survived as speaker of the house. first thing we have to get through is a motion to table the motion to vacate. a lot of motions and voting going on. >> aishah: vote before a vote before a vote. >> john: could potentially be a historic day, only if the motion fails. >> aishah: i think it's already historic, jason chaffetz, former utah congressman and fox news contributor. jason, it has not happened in just over a century but could end with the motion to table and we could go home and speaker mccarthy wins today. you just heard from him, he feels good, an optimist. any time he looks like that, you have to think does he have the votes in the bag? >> well, it's out of his hands at this point. the question is, can you get to the magic number and have that majority and it's a big question mark. and it doesn't happen often, but again, i hearken back to the very, you know, the beginning of the term when one of the things that speaker mccarthy, when he was kevin mccarthy, he agreed to is that you could put forward this motion to vacate with just one person and i felt it was far too low. and the people are upset at him personally because they did believe that he was going to bring them through regular order with the 12 appropriations bills. that did not happen. they said they wanted to have a vote on term limits, that didn't happen. they wanted to have a vote on a balanced budget amendment, that didn't happen. so they do have a list out there. but at the end of the day, you have to have somebody that can get to the majority in terms of having the number of votes to actually be the speaker, and at this point i don't understand their end game and you know, they are going to go through this vote, but the table vote, the motion to vacate, but then they move into who are you going to nominate. we'll start to see who can actually garner that many votes. >> john: so let me put this question to you. if you are hakeem jeffries, are you in a position where better the devil you know than the devil you don't know? i mean, he and mccarthy have a decent relationship. he says here in this open letter that the house democratic leadership will vote yes on the pending republican motion to vacate the chair. doesn't say how he's going to vote on the motion to table here, and if you could potentially get somebody as speaker who is not as reliable for the democrats or at least their view of what the republicans are up to as mccarthy, i mean, do you -- if you are a democrat, do you vote to table? >> i think there is plenty of room for them to cut a deal with kevin mccarthy and his supporters. i think they would be tone deaf to miss the opportunity to step over and say we will work in a bipartisan way, we want the congress to function. they take the high ground by doing so. they go back to their constituents in america and say we want this place to work, it's dysfunctional. look at the republicans, they cannot do it by themselves. we are the adults in the room. that is what is missing in hakeem jeffries' letter. i can understand for the donor base and the radical left and the progressives, they don't want anything to do with it. but if they want the high ground and say we are the magnanimous 1 -- ones, they can change the vote later. no reason one democrat cannot bring the vacate up and go through the process again. so, couple together a few votes and you are in a pretty powerful position. >> aishah: jason, how much do you think mccarthy's team in the last couple weeks here have been trying to dig and figure out if there's anyone else in this conference that is eager to take the speaker's gavel. we heard names pop up like emmer and scalise, they said they stand with speaker mccarthy. how much is going on behind the scenes? >> anybody who sticks their head up and say hey, i want to be the one that takes over, they are sure to get the least number of votes. there is no one that is going to happen out there. and look, steve scalise, he's battling blood cancer, bless his heart. i think he's very beloved in the conference. rally around him more than anybody else. but at this point, they are so dug in. they are so fuming mad at matt gaetz and andy biggs and a few others that they are all mccarthy, all the time. but they need a few more votes in order to actually make it happen. >> john: obviously there's an instantaneous threshold vote, not like the speakership back in january. we saw mccarthy win over those republicans who did not want to vote for him in the first 14 rounds and then started to move his direction. do you think we might see, you know, where we got on the last vote or the next to the last vote in terms of what happens today if this motion to table fails? >> well, i do think there is an opportunity, somebody like an andy biggs and others could garner together enough votes to put kevin mccarthy back in that slot. remember, they only have appropriations process for 45 days. >> john: so, what's the argument you make? if you are trying -- if you are andy biggs, say for example, as you say, you are andy biggs and trying to convince republicans not to boot mccarthy, how do you make case? >> you go to the speaker and say i need these five things or whatever the number is to actually happen. now, they would say we made that deal back in january and he didn't fulfill any of those promises. so we are done. it's anybody but mccarthy. we'll vote for pretty much anybody else because we do not trust him, he did not do what he said he was going to do, and you know, i rattled off that list of things. now, again, a speaker is in a very difficult spot with such a small number. you know, congressman chris stewart of utah, he had to retire with his wife's medical issues so they are down one there. representative luna, has -- dealing with a newborn, so there are issues out there where the number is off center, but again, it's -- it's the sausage-making and there is no doubt somebody trying to make a deal behind the scenes. >> aishah: jason, if mccarthy survives today, right, and he's able to keep the gavel, what happens to the folks that are trying to oust him that vote to oust him today. at the end of the day, this is a very slim majority. mccarthy still needs them. >> he does need them. because any vote, whether it's a procedural vote, whether it's a vote on an actual piece of legislation, he still needs their vote. you know, speakers, i think, as a nation, we need to relook at what the role of the speaker is. what do we expect them to do. i think we put far too much on the speaker in terms of guaranteeing their ability to pass every vote with such a wide array of people within a conference. i think it's an exceptionally difficult and impossible job. it's a reason why so many people don't want the job, it's almost impossible to actually do it. so, he still needs their votes in order to move legislation forward. funding of the government comes up again and you don't want to have to lean on democrats in order to get that done. but remember, these same people passed on an opportunity to cut spending and add border security, that wasn't good enough for him. they had to say no to that one as well. so, when that happened, to me that was the key that said nothing is going to work for mccarthy because for 30-day extension to give up border security and give up a cut in discretionary spending, that was a deal too good to be true and yet they still couldn't do it. >> john: all right, jason. great to get your thoughts on things. stick with us. we are expecting this vote to table the resolution to start any moment now, we didn't think this was going to last as long as it did, and that will be the trigger. because if that motion to table fails, then we move on to a motion to vacate the chair. bring back our panel, juan williams, chris bedford, so, back in january when alternate names were floated, byron donalds, jim jordan, andy biggs, it was not -- wait, is this it? let's -- >> for what purpose does the gentleman from florida seek recognition? >> mr. speaker, i rise to a question of the privileges of the house and offer the resolution i previously noticed. >> the clerk will report the resolution. >> house resolution 757. resolved, that the office of the speaker of the house of representatives is hereby declared to be vacant. >> resolution qualifies as a question of the privileges of the house. for what purpose does the gentleman from oklahoma seek recognition. >> motion to table at the desk. >> the clerk will report the motion. >> mr. cole of oklahoma. lay on the table. >> lay the resolution on the table. in favor say aye, opposed no, in the opinion of the chair the ayes have it. gentlelady from pennsylvania. >> we would request the yea and nays. members will record their votes by electronic device. this is a 15-minute vote. >> aishah: all right, here we go, and so it begins. they took a voice vote but are asking for a member by member vote, so we will see the breakdown just a few minutes here. you heard matt gaetz restate his motion to vacate. this is now a vote on the motion to table the motion to vacate, so there is an effort by mccarthy allies to try to make this go away. they want this matt gaetz motion to be tabled, if it gets tabled then it practically just disappears, and i won't be brought up again unless matt gaetz gets up and brings another motion to vacate again. so. >> john: the republicans are voting awfully quickly. >> aishah: very quickly, he has about 200 on his side, he needs a few democrats to save his job. we'll see democrats, the first few democrats voting no already, plenty of democrats holding on to their votes. >> john: we'll keep watching the vote tally. back to what i was talking about. back in january, alternate names were floated, byron donalds, andy biggs, jordan, steve scalise -- i've heard repeatedly emmer, that mccarthy has not done the outreach that they expected him to do. he was a good along, get along guy, and usually good at friendly with folks. people expected him to be very different than john boehner was. not always friendly with his enemies. emmer is in there in the negotiating room and trying to work things out. but that of course would be the reasonable compromise candidate. does not seem like the folks next door are looking for reasonable compromise, at least today. >> aishah: i've been covering capitol hill two years now, during the time kevin mccarthy is speaker, and pattern of behavior with him. a great fundraiser, very optimistic, great leader. pattern of behavior when we saw with the debt ceiling and the speakership bid and now the government shutdown that he waits 'til the very last second to reach out to these folks, do wind up becoming an issue in getting something moved across. there has not been, at least on the outwards, that reach out to people like matt gaetz, andy biggs, rosendale and others, and that's what they feel the problem is. they feel like he's not representing them, and he's not representing conservatives at home, voters who might be watching, thinking we don't want the same old same old, didn't want this continuing resolution, stop-gap bill because it's nancy pelosi's budget. we put you in the house, we gave you the majority so you could fix things and you didn't. >> that's the anger, why you've got, looks like 9 or 10 republicans voting nay, i have a list eight, the congressmen, they kind of need to be babied, need to be reached out to, talked to, part of the conversations and mccarthy has failed in doing that. and at least in doing so he has lost enough that the democrats line up, he could be toast today. >> john: interesting there was one democratic vote on there, and it's gone now. taken back. >> aishah: most democrats, all democrats voting right now are voting no on the motion to table, which means that they do not want this motion to vacate to go away, they want to vote on it. and as we heard from leader hakeem jeffries, leader of the democratic caucus in conference, he wants them to vote yes to vacate the speaker. juan, what is hakeem jeffries thinking once that happens, if they do vacate the speaker, what does he think is going to happen next. >> john: john's conspiracy theory, is it the case that jeffries is working behind the scenes to maintain and retain mccarthy as speaker because he thinks he can do business with him. i don't know about that. i mean, what i see on the basis of the votes we have seen on the screen is the democrats are looking to, you know, just encourage the republicans to continue with this madness and continue with the infighting. we can talk about the divide between republicans and democrats and i think that's what mccarthy did as he went into the arena as i pointed out earlier when chad pergram stopped him. he said you know, these are republicans, the faction against him working with the democrats. but the reality is, he's got a problem with a faction of republicans who are going to vote against him. those five plus, six plus votes that are necessary for him to be thrown out are republican votes. and the question is can he appeal to them in such a way to say look, you may think i made a separate deal with the president of the united states that was against your interest. you may think i am not sufficiently concerned. is there something, something that would change that equation. you know, donald trump is out there. i don't know if donald trump somehow would come in and say you know what, being i stand with kevin mccarthy. >> john: he has said he thinks it's a waste of time that republicans should be fighting other battles, not this one pt stand by, guys, more from capitol hill. >> aishah: back to our senior congressional correspondent chad pergram. you talked with speaker mccarthy moments ago and here we are, the moment really that could decide his fate. will decide his fate, whether or not this motion to vacate the speaker goes away or not. >> a little hard to read right now, i'll run you through the math. right now kevin mccarthy is in the low 200s in terms of how many are voting his direction. there are a number of republicans, ten republicans right now who are voting against putting this aside, in other words, they want to trigger a speaker's election. i'm going to run through the list. kevin mccarthy said earlier if there were five republicans who voted against him he would not prevail. there are ten on the board right now. i'll read the list. goode of virginia, gaetz of florida, crane of arizona, nancy mace of south carolina, rosendale of montana, davidson of ohio, sparks of indiana, burget of tennessee, biggs of arizona and ken buck of colorado. this is going to come down to the math and why it's so hard to figure out why this is going to go, because right now, that number, like i said, still ten republican nos, kevin mccarthy on a regular roll call vote would have lost right now. we don't know right now how many members are sitting on their hands, how many won't vote, there's a good chunk, several dozen who have not cast ballots, nobody to voting present. under conventional circumstances, 433 members of the house, magic number if everybody is voting is 217. kevin mccarthy is locked in the low 200s. he can't make up the gap for the ten voting against him right now. that would say game over, we are going to go to the motion by matt gaetz to vacate the chair, to have a speaker's vote. we can't say, however, definitively, that's going to happen because there are so many outstanding votes, some republicans, a lot of democrats. and if mccarthy is going to succeed here, he's going to succeed with a lower vote total, not a full complement of people voting, he still might win. this is most votes win, not like the speaker race where you need the majority of all members casting ballot by name, that's not the case here, if this is a slate of democrats who come across and vote against him, that could take kevin mccarthy down and trigger that second vote, and that's the vote, the motion to vacate that matt gaetz has been advocating for. so, right now this is very organic. you know, and i should point out it's a little bit like soccer. the time is kept on the field. you might see a clock there that winds down. sometimes they keep the votes open for 5 or 10 minutes and sometimes longer if the vote is going a different direction they just don't know. don't pay attention to the clock, but how many members and on which side are not voting. there is a group of about eight republicans who have not cast ballots. now, from my experience covering these votes before, not a vote for speaker but something like this, that reminds me of what we often call here on capitol hill of an in case of emergency brake glass. in other words, you have a team of members on your side who really aren't willing to vote or commit themselves but they are like ok, if push comes to shove, sometimes this is worked out in advance, sometimes it doesn't. if push comes to shove, jump in and help you out. we want to see how the members vote. in case of emergency, break glass. go to that group of members and might be able to save the day for kevin mccarthy. and the number of democratic nays are cropping up closer. if they start to prevail, then this gets to be very dangerous for kevin mccarthy, speaker of the house. i talked to a member this morning who was pretty optimistic and indicated to me that this outcome was not preordained, and we are right on the edge right now, if you look how close that vote total is at this moment. that's why it is hard to figure out. and by rule, if it comes down to it a tie vote loses in the house of representatives and right now that resolution, the way that kevin mccarthy wants it to go, to kill this, to table it, that is losing. so, that's very bad news for kevin mccarthy, and if that motion in fact loses, we are really staring at an historic day here on capitol hill. that triggers a vote to vacate the chair that matt gaetz is saying we don't have a speaker, we need to have this vote for speaker and then if matt gaetz prevails on that, this means we have an automatic round after round of vote for speaker of the house. and again, that's why this is so unprecedented. you know, this tv program has never popped up in my tv guide before. they have not done anything like this in the house of representatives since 1910. the last one was joe canon, the republican from illinois, speaker of the house in the early 20th century, there was an insurrection against him by some of his members and he said you want to kick me out, i'll put the resolution on the floor myself, a motion to vacate. joe canon prevailed, ironically with members from the opposite party, from the democratic party and canon was a weaker speaker after that. so right now, kevin mccarthy is losing this vote, and mainly it's because democrats are voting no, we expected that, the democratic leadership put out the statement saying they were against this, but because he doesn't have the votes on his side of the aisle. there has always been this group since the beginning of the speaker's race of 5 to 10, maybe 20 members who were not always on the same page with kevin mccarthy, and right now, because of that group of members he is losing. >> aishah: i know you are not inside the house floor, may be a tough question for you. do you have any idea who, which republicans have not voted yet or might be stalling? >> that's really hard here, i'm looking, you know, our colleague, kelly farris, the producer is inside and says it's so crowded -- what they do, they'll cut to the shot sometimes you see the members up on the board. it's so crowded you can't actually see whose votes are up on the board. it's electronic by name. hard to tell right now. >> john: well, mccarthy has to be sweating bullets right now, you look at that vote, 1 or 2 more votes and then we move on -- >> aishah: i'm getting from kelly farris, our capitol hill producer inside the chamber, lauren boebert has not voted yet, so she is sitting and waiting. i don't know if she's waiting for speaker kevin mccarthy to walk over to her and talk to her and maybe wheel and deal, but she is holding on to her vote right now, and one more nay added on to the republican slot there. >> john: well, it's done. >> you have to remember lauren boebert was -- >> john: we have 218 on the nays, it's done. let's bring in -- sorry, stand by. bret baier, executive editor and anchor of special report. unless somebody changes their vote, this is a done deal and we are moving on to a motion to vacate. >> bret: i think chad was about ready to say, you know, don't count the chickens until you actually have the end, and the gavel is done, but you are right. with 11 republican nay votes, this looks like this motion to table and again, we have said it numerous times, this is to table gaetz' motion to vacate is going to fail. when that happens, if you look at the 11 nay votes, then of those, you know, do you have six that are going to vote to vacate and are democrats all going to hold the line on voting yes to vacate the chair, means kevin mccarthy would lose the seat. if you were a betting person you would look at this vote and say maybe so. this is a really dangerous time for kevin mccarthy. and as we have been talking about, it starts this process that we start in january. there is a lot that could happen today from this vote. it looks like it's going down to the next vote, and it is all about the numbers, and the absences, do some people leave the chamber and thereby it changes the magic number needed for the vacate, but looks like this tabling motion is going to fail. >> aishah: i want to read off quickly the gop no votes, 11 now, it's goode, gaetz, crane, mace, nancy mace, a no, rosendale, davidson, sparts, some worse exchanged with kevin mccarthy, biggs, buck, now the 11th is cory mills. that surprises me, i did think cory mills would have been a yes. what's the end game for these 11? is this -- how much is this really we want to get rid of the speaker or we are trying to make speaker sweat. >> bret: it may be the latter, aishah. and remember, this is the motion to get to gaetz' motion. so, they may be sending the signal with one of these votes. some of the people you mentioned you thought were outside of the original people we knew were going to move with gaetz to vacate the chair. maybe that is a message, you know. you need to do a better job of courting us, you need to do something something, but are they going to kick him out. >> 208, nay 218. motion is not adopted. pursuant to clause 2a2 of rule 9, the gentleman from florida, mr. gaetz, the gentleman from oklahoma, mr. cole, will each control 30 minutes. the chair recognizes the gentleman from florida. >> thank you, mr. speaker. i yield such time as you may consume to my colleague from virginia, mr. goode. >> gentleman from virginia mr. goode is recognize, and before the gentleman speaks, remind my colleagues that all parties need to be heard, would you please clear the well and clear the aisles. and any extraneous conversations need to be taken from the floor. >> john: what we are doing now, proceeding to the -- debate for the motion -- listen in. >> like so many others i deeply regret that we are here and what was a totally avoidable situation. i must take you back to january, however, which for many of us was about not repeating the failures of the past and letting republican voters across the country down once again when in the past for many years when republicans have had majorities in this chamber, we have passed our major spending bills predominantly with democrat votes. something the other side of the house has never and would never do with majority control. back in january, i expressed my concern that the previous two years, during my first term here in this house, we had not used every tool at our disposal to fight against the harmful, radical, democrat agenda that is destroying the country, bankrupting the country, and under which the american people are suffering. but most in here wouldn't know that i helped persuade my five colleagues who comprise the remaining resistance in the wee morning hours of january 7th to switch our votes to present to let mr. mccarthy become speaker and i went to him on this very floor to tell him that he was finally going to become speaker on the next vote. in that moment it was clear to me that i or we could have asked for anything in exchange for switching our votes to present but i and we asked for nothing. the very next week i requested and had a meeting with speaker mccarthy to tell him he had my full support and i wanted him to be successful because the country needed him to be successful. in the ensuing months i helped him narrowly pass the parents bill of rights and limit save grow bill. i think both of those by 1 or 2 votes, helping dissuade some of my conservative colleagues to come along despite some concerns they had with these bills and we remain united as a conference through the limit save grow vote as we passed a bill cutting spending to precovid levels for nondefense discretionary spending, or just over $100 billion, historic spending cuts as the speaker had committed to do in january and also included a host of other conservative fiscal reforms. unfortunately, however, that unity, and that commitment to significant year one cuts and spending reforms were discarded. were discarded in the failed responsibility act as i call it, which passed overwhelmingly once again with a majority of democrat votes. validating the concern many of us had in january. many of us had begged the speaker, pleaded with the spe speaker repeatedly to leverage reforms, but he negotiated unlimited increase to the debt ceiling through january of 25, as much as we can come together and gleefully spend through january of 25, with no significant wins for the american people in the fra, or failed responsibility act. the speaker then said we would use appropriations, we would use appropriations to bring the fight and finally reduce our spending. he said the levels of the fra were the ceiling and not the floor, and committed, recommitted multiple times to go back to the 1.471 trillion, radically, historically, saving $100 billion and lowering the deficit under republican majority from 2.2 trillion to 2.1 trillion. that's what we were asking the republican house to do, go to 2.1 trillion. meanwhile, the speaker had committed to bring a balanced budget vote to this floor, something that still has not happened despite the work that's been done in our budget committee to mark it up and have it ready for the floor. he also promised we would bring all 12 appropriation bills well before the september 30th fiscal deadline. we did not. we simply, as republicans, needed the speaker to cast the vision, request a support of the entire conference, all of whom voted for limit save grow levels except for four who wanted to go even further, to lead us in joining him, sticking with him, supporting him and sending the most conservative spending bills with the most conservative cuts possible to the senate as the best starting position for negotiations with the senate. many of us begged and pleaded with the speaker to do that over the past five years -- five months. when the speaker failed us to pass our spending bills, bringing only 1 of 12 to the floor, before the august district work period members began to negotiate among themselves without the speaker to find compromise. i was among those who reluctantly agreed last month to split the difference between failed responsibilities 1.586 and limit save grow 1.471, i reluctantly agreed to do that, 1.526 to pass the bills to the senate. we forced speaker with the pressure of the calendar, excuse me, shut down of the calendar to bring the four bills to the floor last week, all of which i voted for despite some of them not cutting the levels we agreed to, and other concerns i had with the bill. i reluctantly voted for the 30-day conditional c.r., continuing resolution, cut additional 10 billion in the month of october, going back to the precovid 1.471 levels for nondefense discretionary, 30%, and had border security. i voted for that. however, when that vote failed, the speaker this past friday and the republican conference meeting made it abundantly clear he was willing to do anything to avoid the temporary discomfort and the pressure of a pause in the 15% of the nonessential federal government operations, which would guarantee that we would lose to the senate democrats and the white house. if you are not willing to say no, then you are guaranteed to lose, and that was confirmed with the passage of the unconditional 45-day c.r. this past saturday. once again with 209 democrat votes. the republican bill, 209 to 1 democrats, 51-0 the senate side. the speaker fought through 15 votes in january to become speaker. but was only willing to fight through one failed c.r. before surrendering to the democrats on saturday. we need a speaker who will fight for something, anything, besides just staying or becoming speaker. if there was ever a time to fight with $33 trillion in national debt, 2 trillion deficit this year, 40 year high inflation, 20 year high interest rates, downgraded credit rating and the first time in modern history, the polls showing despite all the help of the media blaming republicans in the house, the polls showed that the public was blaming biden and the democrats for an imminent shutdown. if not fight now, when would we fight? now is and was the time. with the democrats driving the fiscal bus off the cliff at 100 miles an hour, we cannot simply contend to be the party that slows it down to 95 to be in the front seat and wear the captain's hat. our current debt and spending trajectory is unsustainable. we need a speaker, ideally somebody who doesn't want to be speaker and has not pursued that at all costs his entire adult life, meet the moment and do everything possible to fight for the country, a red line was crossed for me i regret on yesterday and regret i must vote against the motion to table as i did and to vote to vacate the chair. i yield back. >> jamal khashoggi >> thanks, mr. speaker. one thing i share in common, this is a sad day. a day i never expected to live there. broadly speaking across the floor, you can divide members in to three groups. i'm happy to be in the first group, the overwhelming majority of my party supports the speaker we elected. proud of the leadership he's shown, proud of the manner in which he's been willing to work with everybody in our conference and i believe in this chamber. there's a second group. small group. honestly, they're willing to plunge this body in to chaos and this country in to uncertain the for reasons that only they really understand. i certainly don't. in their friends on the other side, friends honestly with great sincerity. i recognize they have partisan, personal and political calculations to make. i wouldn't presume to give them any advice about that. i would say think long and hard before you plunge us in to chaos because that's where we're headed if we vacate the speakership. i personally think there's really three reasons why we've come to this point. that's because at each of these critical moments, the speaker did the right thing. first, there was a speaker vote. he got 85% of the vote in our conference. 90% of the republicans on this floor. we had a small group decided to dictate what they wanted. he fought. he fought for himself, but he fought for 90% of us too that wanted him to be the speaker. i appreciate that. of course, we had the debt ceiling deal. nobody here thought he could pass a bill. nobody in america thought he could pass a bill. he did what speakers are supposed to do. he passed the bill. then he sat down and negotiated with a democratic senate and a democratic president and came back with a good deal. a deal that will limit spending. he did the right thing. finally, last saturday, on this floor, we were on the verge of a government shutdown. a government shutdown that the vast majority of members in this chamber did not want. a substantial majority on my side and overwhelming majority on the democrat side. he put his political neck on the line knowing this day was coming to do the right thing. the right thing for the country without a doubt. my friends and i agree on that. whether or not we agree on the speaker. he did the right thing. he did the right thing for this institution. he showed it could function in a time of crisis. y,

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