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Vice President Mike Pence wants a judge to launch a lawsuit aimed at giving him the power to overturn the 2020 election results.
Department of Justice attorneys filed a response Thursday to the lawsuit purchased earlier this week by Texas Rep. Louie Gohmert and other elected Republicans.
They argue that the Electoral Count Act, enacted in 1887, is unconstitutional – and that Pence has the power to decide which electoral votes to count.
But Pence’s attorneys say the lawsuit should have been brought against Congress – not itself.
“Prosecuting these plaintiffs is not an appropriate way to resolve these issues because the plaintiffs sued the wrong defendant,” said the 14-page brief filed in Texas federal court. “The vice president – the sole accused in this case – is ironically the very person whose power they seek to promote.”
The lawyers also added: “A lawsuit to establish that the vice president has discretion over the charge, brought against the vice president, is a common legal contradiction.
Pence will chair Congress on January 6 when he votes to certify electoral votes.
Last month, Joe Biden was named the winner of the presidential election following a formal Electoral College vote. Biden received 306 electoral votes while President Trump received 232. A total of 270 is needed to win the presidency.
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