Hereās what the reporting currently suggests about why **Speaker Mike Johnson** is delaying the swearing-in of **Adelita Grijalva**, plus the controversies and counterarguments. (Note: this is a developing story, so some things may shift.)
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## What is happening
* Adelita Grijalva won a **special election** on September 23, 2025, for Arizonaās 7th congressional district. ([AP News][1])
* Despite the certification of her election by the state (governor, secretary of state, etc.), she has not yet been sworn in and officially seated. ([Axios][2])
* Johnsonās main public justification: he says the House is not in regular session (due to a government shutdown and recess), and that he will swear her in when the House returns to session. ([AP News][1])
* Johnson and his office claim it's standard practice (in his view) to wait until members are sworn in during legislative sessions, not during recess or shutdowns. ([Axios][2])
* But critics and Democrats argue that this is inconsistent with past practice (including under Johnson himself, when new Republicans were sworn in during pro forma sessions earlier in the year) and accuse Johnson of **politically motivated** delay. ([AP News][1])
* The political stakes are high: Grijalvaās swearing-in gives her the ability to sign a **discharge petition** that would force a floor vote to **release Justice Department / Epstein-related files**. Her signature would be the 218th (i.e. decisive) one needed in the House to trigger that vote. ([TIME][3])
* Some see the delay as Johnson (and Republicans more broadly) seeking to prevent or at least delay that discharge vote, which they oppose. ([Axios][4])
* The Arizona Attorney General, Kris Mayes, has publicly threatened legal action, calling Johnsonās excuse āever-shifting, unsatisfactory, and sometimes absurd,ā arguing the delay denies Arizona constituents representation and possibly violates constitutional principles. ([Axios][2])
* Johnson has responded by citing precedent (e.g. a 2021 case where a newly elected member was sworn in some weeks later) and denying that Epstein is the cause. ([The Daily Beast][5])
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## Analysis & plausibility
From whatās reported, hereās a breakdown of the arguments, counterarguments, and what seems likely:
| Argument / Explanation | Supporting points | Weaknesses or counterpoints |
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| **Johnsonās procedural / institutional claim**: He delays because the House is not in full session, due to the shutdown, and he prefers to swear in during regular sessions. | He repeatedly cites the shutdown, recess, and tradition. ([Axios][2]) | Critics point out he has sworn in members in past āpro formaā or out-of-session situations (e.g. Republicans earlier this year) ([AP News][1]) |
| **Political motivation / obstruction**: The delay is intended to block or delay the discharge petition to force a vote on Epstein-related files, since Grijalvaās signature is critical. | Timing aligns, the vote is contentious, the margin is narrow, and delay favors opponents. ([The Times][6]) | Johnson flatly denies it is about Epstein, calls that notion āabsurd.ā ([The Daily Beast][7]) |
| **Constitutional / representational concern**: Even during recess or shutdown, delaying swearing-in deprives constituents of representation, and House cannot constitutionally exclude a duly elected member. | Legal precedents and constitutional norms suggest the chamber canāt block seating of qualified members; AG Mayes threatens court action. ([Axios][2]) | House rules do not always mandate a time for swearing in, and speakership has discretion over when to administer oaths. Also, operational disruption (shutdowns) creates ambiguities. |
| **Precedent arguments**: Johnson and allies say thereās precedent (e.g. delays in earlier swearing-ins, procedural norms) to justify the hold. | He cites a 2021 example for a delayed swearing-in under Speaker Pelosi. ([The Daily Beast][5]) | Critics say those precedents are weak or selectively applied, and point to past examples when Johnson himself swore in Republicans out-of-session. ([AP News][1]) |
Given the available evidence, many observers believe **political motives** are a strong factor. The close margin in the House and the importance of Grijalvaās signature on the Epstein files vote make the delay highly consequential, and the inconsistencies in past practice (especially for Republicans) raise red flags about whether this delay is purely procedural.
However, Johnsonās procedural claims are not obviously implausibleāshutdowns and recesses do complicate scheduling of legislative businessāand the Speaker does have significant control over when to administer oaths. But the contrast between how he handled swearing in Republicans in similar circumstances and how he is handling Grijalvaās case undermines the purely procedural defense in many eyes.
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* [AP News](https://apnews.com/article/d52af4b1471a3ed6cd9f0803f711ed64?utm_source=chatgpt.com)
* [TIME](https://time.com/7323800/adelita-grijalva-congress-swearing-in-delay-mike-johnson-shutdown-epstein/?utm_source=chatgpt.com)
* [Axios](https://www.axios.com/local/phoenix/2025/10/14/arizona-mayes-threatens-lawsuit-johnson-grijalva-swearing-in?utm_source=chatgpt.com)
* [The Daily Beast](https://www.thedailybeast.com/johnson-cornered-on-claims-hes-snubbing-democrat-to-avoid-epstein-files-vote/?utm_source=chatgpt.com)
[1]:
https://apnews.com/article/d52af4b1471a3ed6cd9f0803f711ed64?utm_source=chatgpt.com "Newly elected Arizona lawmaker has yet to be sworn into office, as House Democrats welcome her"
[2]:
https://www.axios.com/local/phoenix...n-grijalva-swearing-in?utm_source=chatgpt.com "Arizona AG threatens lawsuit as Speaker Johnson delays Grijalva swearing-in"
[3]:
https://time.com/7323800/adelita-gr...nson-shutdown-epstein/?utm_source=chatgpt.com "What to Know About Adelita Grijalva, Her Stalled Swearing-In, and Her Crucial Epstein Vote"
[4]:
https://www.axios.com/2025/09/29/mike-johnson-epstein-files-grijalva-clark?utm_source=chatgpt.com "Democrats turn up heat on Johnson over Epstein files vote delay"
[5]:
https://www.thedailybeast.com/mike-...ed-about-epstein-vote/?utm_source=chatgpt.com "Johnson Patronizes Rep.-Elect When Cornered on Epstein Vote"
[6]:
https://www.thetimes.co.uk/article/...frey-epstein-gnxk6wct9?utm_source=chatgpt.com "Democrat pledges to release Epstein files - and has swearing-in delayed"
[7]:
https://www.thedailybeast.com/johns...id-epstein-files-vote/?utm_source=chatgpt.com "Johnson Cornered on Claims He's Snubbing Dem to Avoid Epstein Vote"