Vice President Mike Pence wants a judge to recruit a lawsuit that gives him the power to reverse the outcome of the 2020 election.
Attorneys for the Department of Justice on Thursday filed a response to the case, which was bought by Texas, Louis Louie Gohmert and other elected Republicans earlier this week.
They argue that the Electoral Code, enacted in 1887, is unconstitutional – and that Pence has the authority to decide which votes to count.
But Pence’s lawyers say the lawsuit should be against Congress and not against itself.
“The plaintiffs’ claim is not a good way to address these issues because the plaintiffs have sued the wrong defendant,” reads the 14-page report filed in federal court in Texas. “The vice president – the only defendant in this case – is ironically the person whose power they want to promote.”
The lawyers also added: “A lawsuit against the vice president, that the vice president has a discretion, has been filed against the vice president.”
Pence will chair Congress on Jan. 6 when he votes to ratify the election.
Last month, Joe Biden was named the winner of the presidential election following a formal vote by the Electoral College. Biden received 306 votes while President Trump earned 232. A total of 270 are needed to win the presidency.