Pence argues that the legal issues raised by Gohmert, along with a list of Arizona Republicans, should be addressed to the House and Senate (if they are to be raised).
The Gohmert lawsuit is a last-ditch attempt by Republicans to persuade Pence to interfere with President-elect Joe Biden’s victory declaration and turn the election over to President Donald Trump. The petition, filed in the Eastern District of Texas, does not say whether Pence would consider this possibility, but there is no public indication that he will.
“The plaintiffs presented an emergency motion to this Court raising a number of important legal questions about how the electoral votes for president should be counted,” says Pence’s document. “But the lawsuit of these plaintiffs is not an adequate vehicle to address these issues because the plaintiffs have sued the wrong defendant.”
Pence later adds: “(A) action to establish that the vice president has discretionary power over the count, brought against the vice president, is a walking legal contradiction.”
The lawsuit falsely claims that the election was stolen by Democrats, citing unproven allegations of fraud that federal and state courts have repeatedly rejected. Gohmert and the Republicans argue that the Electoral Counting Act links Pence unconstitutionally to the state-certified Electoral Count, saying that Pence has “exclusive authority and exclusive discretion” to count states’ electoral votes.
“According to the Twelfth Amendment, Defendant Pence alone has exclusive authority and exclusive discretion to open and allow counting of electoral votes for a given state, and where there are competing voter lists, or where there is an objection to any voter list. , to determine which voter votes, if any, will be counted “, argues the action.
Pence’s action pointed to the irony of Gohmert’s argument. “Ironically, Mr Gohmert’s position, if adopted by the Court, would in effect deprive him of his opportunity as a member of the House under the Electoral Counting Law to raise objections to the counting of electoral votes and then debate and vote them them. “
There were no credible allegations of any voting issues that would have impacted the election, as stated by dozens of state and federal courts, governors, state election officials and the departments of Homeland Security and Justice.
Both a member of the House and a senator must raise an objection when Congress counts the votes. Republican Senator Josh Hawley of Missouri said on Wednesday that he will object, which will force House and Senate lawmakers to vote if they accept the results of Biden’s victory.
General Councilor Doug Letter filed an amicus brief with the court on Thursday, calling for the Gohmert case to be closed, calling it “a radical departure from our constitutional procedures and consistent legislative practices”.
“This Court must dismiss the claim and deny the extraordinary and unprecedented protection requested: a statement that the Electoral Counting Law is unconstitutional and a preliminary injunction that would interfere with the established procedures of Congress for counting electoral votes. ; their claims are blocked by gaps; and their legal and constitutional claims – which this Court should not reach – lack merit, “said the Charter.
“In essence, this litigation is intended to involve federal courts in a delayed and without merit attack on long-standing constitutional processes to confirm the results of a national election for president,” added the City attorney.
Also on Thursday, lawyer Alan Kennedy, a Biden voter and elected vice president Kamala Harris in Colorado, asked to join the process to oppose Gohmert.
“(N) The Constitution or the Electoral Counting Law provides any basis for claims by persons who are not properly elected and certified presidential voters to replace properly elected and certified presidential voters just because these non-voters were not elected, but would like to be elected. , resulting in the loss of the re-election of his favorite candidates, “Kennedy said in court documents. “The plaintiffs’ allegations to the contrary are not supported in the text of the aforementioned constitutional provisions or in the Electoral Counting Law, and are contrary to the whole purpose of holding elections.”
This story has been updated with additional information.
CNN’s Jake Tapper and Kristin Wilson contributed to this report.