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On December 28, 2020, Gomert filed a lawsuit against Vice President Pence in the Eastern District of Texas, asking the court to give Pence “exclusive power” to determine which electoral college votes to count and repeal the Counting Law. Electoral of 1887. “Article 15 was declared unconstitutional.
But the Justice Department attorney representing Pence filed a non-party presentation on Thursday (December 31, 2020), arguing that Vice President Pence is unfit as a defendant in the litigation; Gomert should file a lawsuit against Pence, not Pence. The office filed a lawsuit.
So Gomert resubmitted a new party response on Friday. “According to the Constitution, the (Vice President) has the right to preside over the procedure in the way he sees fit. He can count the electoral votes certified by the state administration, or he can prefer the competitive votes (alternate votes) cast by officially qualified voters.” Gomert’s attorney wrote at the briefing. “(Vice President) can ignore all electoral votes of a certain state. This is the power that the Constitution gives him.”
The 12th Amendment to the Constitution “expressly entrusts” to the vice president “the power to decide which electors to count” during the joint session of Congress on January 6.
“By reaffirming the prerequisites and procedures for deciding the presidential election as stipulated in the Constitution, and by granting the necessary relief, the court can hear opinions in order to resolve each and every objection calmly and permanently, and help move smoothly toward a peaceful and trustworthy end for the president The Road to the Electoral Process, ”Gomert wrote in a report.
The lawsuit will challenge the constitutionality of a clause in the Electoral Counting Act of 1887, which instructs Congress on how to vote against electoral votes. The lawsuit held that the earlier clause repealed the 12th Amendment to the Constitution because the amendment mandated that the House of Representatives vote for state representatives, rather than individual members of Congress.
“Most people know that if no one (presidential candidate) reaches 270 votes, or no one meets the electoral college’s definition of a majority of votes, then they will enter the House of Representatives process, but the House of Representatives I should vote by state. “Rick Green, the founder of Patriot Academy, told The Epoch Times.
Sen. Josh Hawley and about 40 representatives of the Republican House of Representatives plan to oppose electoral votes from key states during the joint session of Congress on the 6th, triggering a two-hour debate in each disputed state. .
The members of the two chambers withdrew to their respective homes and debated and voted on the opposition. If the opposition finally obtains a majority of votes in both houses, it will be established and the votes of the electoral college of the contested state will be invalidated.
According to the Constitution and the law, the vice president presided over the joint meeting of Congress on the 6th, but the majority of the two houses of Congress still have the power to make decisions on the disputed votes of the electoral college.
On December 14, among electoral college votes nominated by state governments, Democratic presidential candidate Joe Biden (Joe Biden) won 306 and incumbent President Trump won 232.
On the same day, Republicans in seven states have cast “alternate votes.” These seven states can be challenged at the joint meeting of Congress on January 6, 2021. The corresponding electoral votes are: Wisconsin (10 photos), Michigan (16 photos), Georgia (16 photos), Pennsylvania (20 photos), Arizona (11 photos), New Mexico (5 photos) and Nevada (6 photos), total 84 photos.
Due to multiple election violations in the Nov.3 election, the Trump campaign has filed lawsuits in several states. Many of the Trump team’s earlier lawsuits were dismissed by the district judge and Supreme Court judge, without the opportunity to present evidence or testimony.
Recently retired attorney general William Barr said he had seen no evidence of fraud that could overturn the election results. The mainstream media has not investigated or tracked the voter fraud, and social media has also flagged the Trump campaign and Trump’s own tweets, anything involving election fraud or victory, as controversial or Biden has been elected. .
Congress came out to challenge Republican congressmen on January 6 and faced double pressure: on the one hand, Democrats called them “traitors” and, on the other hand, Republican leaders publicly prevented them from coming out to challenge Electoral College votes. .
Editor in charge: Ye Ziwei #
