Name: Pence asks judge to toss Gohmert’s lawsuit seeking to change election results
Brand: dallasnews.com
SKU: dallasnews-com-294
Availability: OnlineOnly

critic

Pence asks judge to toss Gohmert’s lawsuit seeking to change election results

preview

2:32 PM on Dec 28, 2020 CST — Updated at 7:01 PM on Dec 31, 2020 CSTUpdated Thursday at 7:01 p.m. with Pence brief.Vice President Mike Pence has asked a Trump-appointed judge to dismiss a lawsuit by Rep. Louie Gohmert of Tyler and several other Republicans that aimed to allow Pence to overturn the results of the election.The lawsuit, by Gohmert and the Republican slate of electors from Arizona, asks Jeremy Kernodle, a U.S. District judge in Tyler and Trump appointee, to allow Pence to choose which electoral votes to count in key states that President Donald Trump lost when Congress meets to certify the Electoral College votes on Jan. 6. The vice president traditionally presides over this meeting as president of the Senate, where the official results of the election are announced. The lawsuit came as Pence finds himself under increasing pressure to challenge the election results, even though President-elect Joe Biden has decisively won both the popular and Electoral College votes. Trump a supporter’s theory that Pence could overthrow the results of the election.Pence argued the suit shouldn’t be aimed at him in a by Justice Department attorneys Thursday. “A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” the brief said.The lawsuit challenges the 1887 Electoral Count Act, which dictates the vice president’s role in announcing the results as a ceremonial one. Instead, it says this federal law violates the 12th Amendment, which provides for separate Electoral College votes for president and vice president. The lawsuit is filed in the U.S. District Court for the Eastern District of Texas.Instead of Pence, the brief argued the lawsuit should be aimed at Congress.“...it is the role prescribed for the Senate and the House of Representatives in the Electoral Count Act to which plaintiffs object, not any actions that Vice President Pence has taken,” the brief said. Kernodle has not scheduled a hearing for the case. Gohmert is due to file his response Friday, .Legal and election experts immediately took to Twitter to debunk the lawsuit once it was filed Sunday.“If the Twelfth Amendment somehow gave the Vice President the power to unilaterally throw out electoral votes for the other guy in favor of their own party (and even themselves), one might think that one of them would’ve noticed by now,” said Steven Vladeck, professor of law at the University of Texas at Austin School of Law.If the Twelfth Amendment somehow gave the Vice President the power to unilaterally throw out electoral votes for the other guy in favor of their own party (and even *themselves*), one might think that one of them would've noticed by now.But I guess they were all just idiots...— Steve Vladeck (@steve_vladeck)Rick Hasen, professor of law and political science at the University of California, Irvine said, “No, this won’t work.”: Louie Gohmert Sues Mike Pence in Lawsuit Asking Court to Give Pence “Exclusive Authority” To Decide Which Electoral College Votes to Count at Jan. 6 Congressional Session (No, This Won’t Work) — Rick Hasen (@rickhasen)Gohmert is one of several Texas legislators who have committed to objecting to the Electoral College vote count, alleging baseless claims of voter fraud. Reps. Brian Babin of Woodville, Lance Gooden of Terrell and Randy Weber of Friendswood have all pledged to object to the results of the presidential election on Jan. 6.Congress will only debate the results if a senator joins the congressmen. Missouri Sen. Josh Hawley, a Republican, has pledged to object to the Electoral College vote as well, fulfilling a key role in sending the results to a debate in Congress and going against the wishes of Senate Majority Leader Mitch McConnell.Their objections appear to be doomed in Congress, where Democrats have a majority in the House, and the Senate is set to be closely divided.Receive the latest political news delivered every Tuesday and Thursday from reporters in Austin, Dallas and Washington.By signing up you agree to our

2:32 PM on Dec 28, 2020 CST — Updated at 7:01 PM on Dec 31, 2020 CSTUpdated Thursday at 7:01 p.m. with Pence brief.Vice President Mike Pence has asked a Trump-appointed judge to dismiss a lawsuit by Rep. Louie Gohmert of Tyler and several other Republicans that aimed to allow Pence to overturn the results of the election.The lawsuit, by Gohmert and the Republican slate of electors from Arizona, asks Jeremy Kernodle, a U.S. District judge in Tyler and Trump appointee, to allow Pence to choose which electoral votes to count in key states that President Donald Trump lost when Congress meets to...

Pence asks judge to toss Gohmert’s lawsuit seeking to change election results

No article scores yet.

CRITIC REVIEWS

PUBLIC REVIEWS