Pence argues that the legal issues raised by Gohmert, along with a leading Republic of Arizona, should be addressed to the House and Senate (if they were to be raised at all).
Gohmert’s lawsuit is a last-ditch effort by Republicans to persuade Pence to interfere in President-elect Joe Biden’s declaration of victory and the reversal of President Donald Trump’s election. The assignment, which was filed with the Eastern District of Texas, does not say whether Pence would offer the possibility, but there is no public indication that he will do so.
“Plaintiffs have filed an urgent motion in this court that has raised a number of weighty legal issues regarding the manner in which presidential votes should be counted,” Pence said. “But these plaintiffs’ case is not a proper way to address the issues because the plaintiffs have sued the wrong defendant.”
Pence later added: “(A) the matter of establishing that the vice president has a discretion over the score filed against the vice president is a material inconsistency.”
The lawsuit falsely claims that the election was stolen by Democrats, citing unsubstantiated allegations of fraud that federal and state courts have repeatedly rejected. Gohmert and the Republicans argue that the Election Numbers Act unconstitutionally binds the Electoral College certified by the states, saying that Pence has ‘exclusive authority and sole discretion’ to count the electoral votes of the states.
‘Under the Twelfth Amendment, accused Pence alone has the sole authority and sole discretion to open and permit the voting for a given state, and where there are competing voters, or where there is an objection to any threshold of voters, to determine which voters’ votes, or not, will be counted, ”the lawsuit alleges.
Pence’s submission points to the irony of Gohmert’s argument. ‘Ironically, if Gohmert’s position, if accepted by the court, would in fact deprive him as a member of the House under the Electoral Act to object to the counting of election votes, and then about it debate and vote on it. “
There were no credible allegations about any issues with the vote that would affect the election, as confirmed by dozens of state and federal courts, governors, state election officials and the Department of Homeland Security and Justice.
Both a member of the House and a senator must object when Congress counts the votes. Republican Sen. Josh Hawley of Missouri said Wednesday he will object, which will force lawmakers in the House as well as the Senate to vote on whether to accept the results of Biden’s victory.
Doug Letter, chief lawyer for the House, filed an amicus letter with the court on Thursday, calling for the Gohmert case to be dismissed, calling it a ‘radical departure from our constitutional procedures and consistent legislative practices’.
“This court must dismiss the charge and deny the extraordinary and unprecedented legal aid that is denied: a declaration that the Electoral Code is unconstitutional and an order that will interfere with the old procedures of Congress for counting election votes. “are hindered by obstacles; and their legal and constitutional demands – which this court must not reach – have no merit,” reads the letter.
“Ultimately, this lawsuit seeks to summon the federal courts in a late and undeserved assault on years of constitutional processes to confirm the results of a national presidential election,” the House Advocate added.
Attorney Alan Kennedy, a voter for Biden and Elected Vice President Kamala Harris in Colorado, also asked Thursday to join the lawsuit to oppose Gohmert.
“(N) the Constitution or the Telecommunication Act provides any basis for claims by people who have not been duly elected and are certified presidential voters to replace duly elected and certified presidential voters only because such non-voters were not elected, but would want to be elected, leading to their election candidates losing re-election, ‘Kennedy said in court documents. “The plaintiffs’ plaintiffs to the contrary find no support in the text of the cited constitutional provisions or the Electoral Act, and is contrary to the purpose of holding elections. “
This story has been updated with additional information.
CNN’s Jake Tapper and Kristin Wilson contributed to this report.