- A lawsuit filed by Texas deputy Louie Gohmert and other Republicans seeking to overturn the 2020 presidential election was dismissed by a federal judge on Friday.
- The action sought to give Pence the authority to accept or reject the results of individual state elections when Congress meets next week to certify the results of the Electoral College.
- The last effort was unlikely to be successful. Pence and the Justice Department asked the judge to reject the request.
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A lawsuit filed by Texas deputy Louie Gohmert and other Republicans seeking to overturn the 2020 presidential election was dismissed by a federal judge on Friday.
Gohmert filed a lawsuit against Vice President Mike Pence, trying to get him to declare President Donald Trump the winner when Congress meets next week to certify the results of the Electoral College. The lawsuit argued that Pence had the authority to choose the states’ electoral votes to count.
U.S. District Judge Jeremy Kernodle said Gohmert and the others had no standing to sue, dismissing the case.
Kernodle, a judge appointed by Trump, said the plaintiffs did not suffer legally recognizable damages that could be attributed to Pence, the defendant in the lawsuit. Gohmert’s lawyers said Friday night that they will appeal the decision, The Washington Post reported.
President-elect Joe Biden won the election by receiving 306 electoral votes compared to Trump’s 232.. The results were certified in all states, and presidential voters cast their votes last month.
On January 6, Pence will oversee a joint session of Congress to formally certify the results. The event is typically procedural, confirming the winner that the voter and the Electoral College have already chosen.
The lawsuit, which was filed by supporters of Gohmert and Trump of Arizona, sought to give Pence the ability to reject individual state results, theoretically giving him the ability to reject Biden-vanquished states and grant Trump a second term, despite his will voters.
The last effort was unlikely to be successful. Earlier this week, Pence and the Justice Department said the case was misdirected and issued a request on Thursday asking the judge to dismiss the case.
In response, Gohmert said the vice president is not just “the glorified chief envelope opener” and said the process was correctly directed at Pence.
He also mentioned the 140 House Republicans who allegedly plan to vote against the Electoral College’s vote certification during next week’s joint session, although that does not prevent confirmation of Biden’s victory.
Wednesday’s session is likely to be controversial due to planned objections. Trump is also encouraging his supporters to demonstrate in DC that day, tweeting about a “BIG Protest rally” on January 6.
The lawsuit was the latest in a series of legal defeats for Trump’s allies. Since the election, the Trump campaign and some of the president’s supporters have mounted dozens of legal challenges, earning zero in at least 40 lawsuits.