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WASHINGTON – A judge has dismissed a lawsuit against Representative Louie Gohmert, R-Texas, which targeted Vice President Mike Pence, seeking to put the power to overturn President-elect Joe Biden’s election victory in the hands of the Vice President.
U.S. District Court Judge Jeremy Kernodle, who is appointed by Trump, said Gohmert and a group of other Republicans in the trial “lacked quality.”
Gohmert “alleges at most an institutional investigation in the House of Representatives,” Kernodle wrote.
Gohmert and the Republican Group filed a lawsuit against Pence this week, arguing that the vice president has constitutional power to decide which states constituency votes to count.
Election process: Mike Pence calls on judge to dismiss Gohmert trial which seeks to overturn election results
Kernodle continued: “The other plaintiffs, the Arizona State Republican presidential voters list (the ‘candidate-voters’), allege an injury which is not sufficiently attributable to the defendant, the vice-president of the United States. United States, and is unlikely to be fixed by the repair requested. “
“Accordingly, as explained below, the Court has no jurisdiction in this matter over this case and must dismiss the action,” said the judge.
Pence, in a 14-page file filed Thursday evening by Justice Department attorneys, said the lawsuit should be brought against Congress.
“[T]This action by the plaintiffs is not an appropriate way to resolve these issues because the plaintiffs have sued the wrong defendant, “says the response, continuing that Pence” is ironically the very person whose power they seek to promote. “
What to expect: Congress set to certify Biden’s election victory on January 6
Pence is set to oversee Congress when he officially counts the votes cast by the Electoral College on January 6, and the lawsuit argues that Pence has the constitutional authority to ignore votes cast for Biden in states where Republicans tried to question the results.
There is no evidence to support Trump’s claims of widespread electoral fraud.
In December, states certified their electoral college results, giving Biden 306 votes to 232 for President Donald Trump.
Contributor: Jeanine Santucci
This article originally appeared on USA TODAY: Election lawsuit against Pence to quash election rejected
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