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The constitutional role of Vice President Mike Pence (left) in the electoral college vote count is only formal – Photo: AFP
He John Coghlan, the United States Assistant Attorney General in charge of civil cases, noted that the Senate or House of Representatives is the “defendant” if the group of deputies Louis Gohmert wanted to file a lawsuit under section 3 of the Electoral Colleges Act of 1887.
The lawsuit was filed by Senator Gohmert of Texas and 11 Republicans in Arizona, in federal court in Texas on December 29. According to the sheet The hill, the lawsuit was filed and directed against Vice President Pence after he refused to participate in the plan to “overthrow” the Gohmert group.
Targeting Mr. Pence appears to be a technical move. The lawsuit required federal Judge Jeremy Kernodle, a man appointed by President Donald Trump, to declare the Electoral College Vote Counting Act of 1887 unconstitutional as inconsistent with the 12th Amendment.
Gohmert’s group also asked Judge Kernodle to issue an urgent order, stating that Vice President Pence “has full authority to decide what electoral votes count and what does not count.”
According to CNN, due to Mr. Pence’s unsuccessful persuasion, these people decided to use the court order to lobby.
His ultimate goal remains for Pence to remove voters to vote for Joe Biden and replace them with Trump loyalists, Reuters News reported.
“Think about whether it is logical that the vice president, the only defendant in the lawsuit, is the person they want to speak to,” argued Vice Minister Coghlan.
Douglas Letter, an attorney representing the House of Representatives, also sent a written request to Judge Kernodle on December 31 to dismiss the lawsuit.
“The court must reject the requests of those who are trying to reverse the foundation of the democratic rules of this country,” urged Mr. Letter.
Senator Louie Gohmert, who led the lawsuit against Vice President Pence – Photo: REUTERS
Some constitutional law experts said that Senator Gohmert’s lawsuit deliberately misinterpreted Amendment 12. The content of this amendment states that the vice president only has the right to preside over the counting of votes, not the confirmation. determine which electoral votes are valid and invalid.
Strictly speaking, Pence’s role for the upcoming 6-1 is only formal when he only opens the envelopes containing the electoral votes and reads the results. The original text is as follows: “The President of the Senate in the presence of the Senate and the House of Representatives will open all certified files and the votes will be counted.”
The United States Constitution states that the Vice President of the United States is also the President of the Senate, but only exercises the right to vote when a bill falls into a stalemate of 50 for and 50 against.
According to the sheet The hill, the relationship between Trump and Pence has become strained in recent days due to the issue of electoral votes. Pence and many White House officials have tried to explain to Trump that the vice president cannot remove or appoint alternate voters.
A group of Republican congressmen and senators planned to delay the counting of votes when the Senate met on January 6. The effort, according to legal experts, was irreversible and only intensified disappointment with Trump.
The fact that Trump truncated the New Year holidays in Florida and returned to Washington soon sparked speculation that he was preparing something for January 6. The current president had previously asked his followers to return to the capital.
2020: unforgettable year for Trump
