WASHINGTON – Vice President Mike Pence has asked a federal judge to reject a lawsuit filed by a group of Republicans in the hands of Vice President Joe Biden.
Pence, in a 14-page submission by Justice Department attorneys Thursday night, claims the lawsuit should be filed against Congress.
“[T]These plaintiffs’ lawsuit is not a proper way to address the issues because plaintiffs have sued the wrong defendant, “reads the reply, continuing that Pence” ironically is the person whose power they want to advance. “
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Rep. Louie Gohmert, R-Texas, and a group of other Republicans filed the case against Pence this week, arguing that the vice president has the constitutional authority to decide in which states the Electoral College votes to count.
Pence will oversee Congress when he officially counts the votes of the Electoral College on January 6, and the case argues that Pence has the constitutional authority to ignore votes for Biden in states where Republicans have tried to cast doubt. , where there is virtually no evidence to support Trump’s allegations of electoral fraud.
Earlier in December, states ratified their election college results, giving Biden 306 votes to President Donald Trump’s 232.
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The response was that the “Senate and the House, not the Vice-President, have legal interests sufficiently prejudicial to the plaintiffs to bring a case or controversy” and continued that Pence “reverently denies the plaintiffs ’emergency proposal because the relief requested by the plaintiffs does not lie properly against the vice president.’
The judge ordered that Pence’s response to the lawsuit be filed by 5 p.m. Thursday.
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In the motion to expedite the proceedings, Gohmert and the others revealed that lawyers had reached the vice-president’s office in an attempt to reach an agreement before going to court, but ‘the discussions were failed to reach an agreement and this lawsuit was filed ”in an indication that Pence would refuse to support the lawsuit.
“A charge to establish that the vice president has a discretion over the score, which has been filed against the vice president, is a material inconsistency,” the letter from Pence read.
U.S. District Court Judge Jeremy Kernodle, who is a Trump nominee, has not currently scheduled a trial in the case.
Several IDP lawmakers have said they will object to the January 6 certification process.
This article originally appeared in the US TODAY: Mike Pence asks the judge to file a lawsuit seeking to continue the election