Gohmert’s lawsuit is aimed at throwing out the rules of a Jan. 6 session of Congress — with Vice President Mike Pence presiding — intended to certify President-elect Joe Biden’s victory.
Vice President Mike Pence has asked a federal judge to throw out a lawsuit brought against him by Republicans seeking to empower him to overturn the results of the 2020 presidential election.
The suit, brought by Rep. Louie Gohmert (R-Texas) and 11 Arizonans who would have been electors for President Donald Trump, was aimed at throwing out the rules of a Jan. 6 session of Congress — with Pence presiding — intended to certify President-elect Joe Biden’s victory.
Gohmert’s suit contends that the rules Congress has followed for more than a century are unconstitutional because they override the vice president’s power to unilaterally decide which electoral votes to count. Trump allies have urged Pence to assert control and refuse to introduce Biden’s electors in key states that handed him the presidency.
But Pence, in a 14-page filing brought by Justice Department attorneys, said the suit shouldn’t be aimed at him, since he is who Gohmert is trying to empower.
“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” Pence’s brief said.
U.S. District Court Judge Jeremy Kernolde, a Trump appointee who sits in Tyler, Texas, has not scheduled a hearing in the case. Gohmert is due to file a reply to Pence’s brief on Friday morning.
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Mike Pence has asked a federal judge to throw out a lawsuit brought against him by Republicans seeking to empower him to overturn the results of the 2020 election https://t.co/rK7paqcuWZ
— POLITICO (@politico) December 31, 2020
This is totally the lawyer you want. https://t.co/QSiZpUN7xj
— Jonah Goldberg (@JonahDispatch) January 1, 2021
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