Judge launches Gohmert lawsuit against Pence over electoral votes

Photographer: Matt McClain / The Washington Post / Bloomberg

A Texas federal judge dismissed a lawsuit filed against Vice President Mike Pence by a Republican congressman who argued the vice president had the power to unilaterally overturn Donald Trump’s electoral loss in a session joint Congress Wednesday.

U.S. District Judge Jeremy Kernodle on Friday dismissed Representative Louie Gohmert’s complaint, ruling that the Texas congressman had not suffered a specific injury caused by Pence’s action and therefore lacked legal standing as a to pursue. The judge did not rule on the merits of Gohmert’s argument, which would have radically reshaped the role of a vice-president.

“Congressman Gohmert’s alleged injury requires a series of hypothetical – but by no means certain – events, said Kernodle, a person appointed by Trump.” The plaintiffs are assuming what the vice president will do on January 6 “and” what electoral votes the vice president will count or reject in the contested states ”.

Gohmert argues that Pence has the power to hand Trump a second term by simply rejecting the swing states’ Democratic voter lists and choosing instead competing GOP voters when the Senate and House jointly meet to open and counting electoral votes. Election experts said such a discovery would create a major conflict of interest.

Formal acceptance

The vice president has the constitutional role of presiding over the Senate, which has traditionally been to oversee the formal acceptance of the Electoral College vote, which President-elect Joe Biden won.

Pence urged the judge to dismiss Gohmert’s trial, saying in a filing Thursday that the congressman should have sued the US Senate or House of Representatives if he disagreed with the established method of counting votes of the Electoral College. The Pence deposit was made by the Department of Justice.

Gohmert’s Dec. 27 trial echoes Trump’s refuted claim that Biden only won the election through widespread electoral fraud perpetrated by thousands of corrupt Democratic officials and election workers. Some members of Congress have indicated they will object in the joint session, but not enough to block Biden’s victory.

Gohmert’s attorney, Howard Kleinhendler, did not immediately respond to a message requesting comment.