Pence asks judge to toss Gohmert’s lawsuit seeking to change election results
The vice president said in a brief the suit should be aimed at Congress, not him.
Updated Thursday at 7:01 p.m. with Pence brief.
Vice President Mike Pence has asked a Trump-appointed judge to dismiss a lawsuit by Rep. Louie Gohmert of Tyler and several other Republicans that aimed to allow Pence to overturn the results of the election.
The lawsuit, by Gohmert and the Republican slate of electors from Arizona, asks Jeremy Kernodle, a U.S. District judge in Tyler and Trump appointee, to allow Pence to choose which electoral votes to count in key states that President Donald Trump lost when Congress meets to certify the Electoral College votes on Jan. 6. The vice president traditionally presides over this meeting as president of the Senate, where the official results of the election are announced.
Gohmert sues VP Pence over role in declaring Biden as winner of election FILE PHOTO U.S. Rep. Louie Gohmert speaks to a KLTV 7 reporter on Oct. 30, 2018 in Tyler, Texas. By Stewart Smith | December 28, 2020 at 11:43 AM CST - Updated December 29 at 1:32 AM
TYLER, Texas (KLTV) - Rep. Louie Gohmert (R-Tyler) has filed a lawsuit against Vice President Mike Pence in the hopes of delivering the election to President Trump.
Gohmert’s suit alleges that any action taken by Pence on Jan. 6 to formally declare Joe Biden the winner of the 2020 presidential election will be fraudulent. The suit states “This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution.”