JUDGE THROWS OUT GOHMERT BID ASKING PENCE TO DUMP BIDEN WIN
- By The Financial District

- Jan 3, 2021
- 2 min read
A federal judge has thrown out a lawsuit from Rep. Louie Gohmert of Texas and several Arizona Republicans seeking to force Vice President Mike Pence to help throw the election to President Donald Trump next week when Congress meets to count the Electoral College votes, Dan Berman reported for CNN.

Judge Jeremy Kernodle of the Eastern District of Texas said on Friday that Gohmert and the others lacked standing to sue. Gohmert's suit was part of the desperate and extraordinary GOP attempt to overturn the presidential election using baseless and unproven allegations of mass voter fraud and charging that multiple states that President-elect Joe Biden won illegally changed their voting rules due to the pandemic.
Those arguments have failed dozens of times in state and federal courts over the past two months.
Gohmert and a slate of would-be Trump electors from Arizona had said only Pence could decide what electoral votes count -- a remarkable argument suggesting vice presidents can directly determine who wins a presidential election, regardless of the results.
Pence said his role is ceremonial and asked the court to trash the Gohmert suit for subverting the poll results. "A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction," Pence said.
House General Counsel Doug Letter filed an amicus brief with the court on Thursday, asking for the Gohmert case to be dismissed, calling it a "radical departure from our constitutional procedures and consistent legislative practices."
He added: "At bottom, this litigation seeks to enlist the federal courts in a belated and meritless assault on longstanding constitutional processes for confirming the results of a national election for President."
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