WASHINGTON – A judge dismissed an action by Congressman Louie Gohmert, R-Texas, which was aimed at Vice President Mike Pence, seeking to place the authority to overthrow electoral victory for President-elect Joe Biden in the hands of the vice president.
U.S. District Court Judge Jeremy Kernodle, who is nominated by Trump, said Gohmert and a group of other Republicans in the case “have no legitimacy”.
Gohmert “claims, at most, an institutional inquiry to the House of Representatives,” wrote Kernodle.
Gohmert and the group of Republicans filed the lawsuit against Pence this week, arguing that the vice president has constitutional authority to decide which states the Electoral College votes to count.
Electoral process: Mike Pence asks the judge to reject the Gohmert lawsuit aimed at overturning election results
Kernodle continued: “The other Claimants, the list of Republican Presidential Voters for the State of Arizona (the ‘Nominee Voters’), allege an injury that is not reasonably identifiable to the Defendant, the Vice President of the United States, and is unlikely to be repaired for the relief requested. ”
“Consequently, as explained below, the Court lacks jurisdiction over the matter in this case and must close the case,” said the judge.
Pence, in a 14-page lawsuit by Justice Department attorneys on Thursday night, said the lawsuit should be filed against Congress.
“[T]This plaintiff lawsuit is not an adequate vehicle for addressing these issues because the plaintiffs have sued the wrong defendant, “says the reply, continuing that Pence” is ironically the same person whose power they seek to promote. “
What to expect: Congress must certify Biden’s victory in the January 6 election
Pence is expected to oversee Congress when he officially counts the votes cast by the Electoral College on January 6, and the process argues that Pence has constitutional authority to ignore the votes cast for Biden in states where Republicans have tried to cast doubt on the results.
There is no evidence to support Trump’s allegations of widespread electoral fraud.
In December, states certified their results from the Electoral College, giving Biden 306 votes to 232 for President Donald Trump.
Contributing: Jeanine Santucci
This article was originally published in USA TODAY: Election process against Pence to overturn rejected election