Judge dismisses Gohmert’s claim to empower Pence to overturn 2020 election results

“A series of fictional-necessary, but in no specific way – events for Congressman Gohmert’s alleged injury,” the judge wrote. His 13-page verdict was issued Friday evening. The plaintiff assumes what the Vice President does in January, whether the Vice President will count the states contested or reject it, whether the House of Representatives and Senators will raise objections under Section 15 of the Voter Count Act, how each member of the House and the Senate raise any such objections. Will vote, and each state delegation in the House will likely vote under the Twelfth Amendment, abstaining a majority election vote. “

“All of that makes Congressman Gohmert’s alleged injury very uncertain to support in supporting the Constitution,” Cornodle added.

Gornort or Cornodale’s decision on the possibility that potential voters could get some relief in court did not completely slam the door. The judge dismissed the case without prejudice, meaning Gohmart’s lawyers could try to strike a lawsuit so that it could be legally convened. Gohmart, who filed the lawsuit Sunday, sought a final verdict from Cornwall by Jan. 4 to allow time for a possible appeal.

Gohmart’s lawyers have already indicated that they may seek to be named as a defendant in the U.S. government, the House and Senate, or as a member of parliament for those organizations. But it is unclear whether those changes will satisfy the judge and time is running out to win relief ahead of the January 6 vote count.

Cornodle said Gohmart could not stand up to the 1997 Supreme Court ruling, which said individual legislators did not stand up to challenge the line-item veto law passed by Congress a year ago. The judge’s New Year’s judgment said that even elected voters lack standing because the harmful claims they were making were not really due to Pence, but to the government. Dr. Ducey (R-Ariz.), Who certified Biden’s voters as winners. State. Those voters cast their ballots on December 14.

Although the Twelfth Amendment to the Constitution requires Pence, as Vice President, to preside over the presidency on January 6, his special powers are detailed in the Voter Count Act of 1887. In it Pence is required to introduce the alphabet by the state, and it determines the process for challenging disputed voters for members of the House and senators.

Under the Electoral Counting Act, that challenge will be resolved by a separate vote in the House and Senate – and in the case of the 2020 election, these challenges will be effectively eliminated. The Democratic House majority will certainly oppose him, and many Senate Republicans acknowledge that Biden is the clear winner in the race.

Under Gohmert’s theory, if Pence refused to accept enough electoral votes to put any candidate on the threshold of 270 votes, the election would be thrown in the House under the procedure under the Twelfth Amendment, which gives one vote to state representatives. That legislator will support Republicans, who are in the House minority but control more of the state’s House of Representatives than Democrats.

Pence, presented by Justice Department attorneys on Thursday Requested the court He rejected Gohmart’s claim against him, arguing that his fight was not with the vice president but with the House and Senate. Pence did not express his opinion on his power as presiding officer on Jan. 6, and he did not indicate whether he wanted to introduce an unofficial voter slate as Trump claimed to have cast to compete with the certified slate introduced by allies. In states such as Arizona, Michigan, Wisconsin and Georgia.

The House filed its own, more complete brief, Reversing Gohmart’s efforts as unconstitutional and thin-skinned attempts to overturn the democratic results of the 2020 election. It was argued in the House that the Vice President of the seat would never have been allowed in the process – often, for example, a real candidate on the Electoral College Ledge Ballot – to have unilateral authority to choose which voters to count.