Tuesday, January 19, 2021

Pence asks to toss Gohmert’s that seeks to overturn election results

Must read

WASHINGTON — Vice Mike Pence has asked a federal judge to reject a filed by a group of Republicans who want to put the authority to President-elect Joe Biden’s win in the hands of the vice president.

Pence, in a 14-page filing by Justice Department attorneys Thursday evening, claimed the lawsuit should be brought against Congress.

“[T]hese plaintiffs’ suit is not a proper vehicle for addressing those issues because plaintiffs have sued the wrong defendant,” the response states, continuing that Pence “is ironically the very person whose power they seek to promote.”

Rep. Louie Gohmert, R-Texas, and a group of other Republicans filed the suit against Pence this week, arguing that the vice president has the constitutional authority to decide which states’ Electoral College votes to count.

Pence is set to oversee Congress when it officially counts the votes cast by the Electoral College on Jan. 6, and the suit argues that Pence has the constitutional authority to ignore votes cast for Biden in states where Republicans have tried to cast doubt on the , where there is virtually no evidence to support ’s claims of election fraud.

Earlier in December, states certified their Electoral College results, giving Biden 306 votes to President Donald Trump’s 232.

The response says the “the Senate and the House, not the Vice President, have interests that are sufficiently adverse to plaintiffs to ground a case or controversy” and continued that Pence “respectfully requests denial of plaintiffs’ emergency motion because the relief the plaintiffs request does not properly lie against the Vice President.”

In the motion to expedite proceedings, Gohmert and the others revealed that lawyers reached out to the Office of the Vice President in an attempt to settle on an agreement before going to court, but “those discussions were not successful in reaching an agreement and this lawsuit was filed” in an indication Pence would decline to support the lawsuit.

“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 stated.

U.S. District Court Judge Jeremy Kernodle, who is a Trump appointee, currently has not scheduled a hearing in the case.

Source link

More articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Enter your email address:

Subscribe to Our Newletter

Latest article