Pence argues that the legal issues Gohmert raised should be addressed to the House and Senate along with a list of Arizona Republicans (if they should be raised at all).
Gohmert’s trial is a recent attempt by Republicans to convince Pence to meddle in President-elect Joe Biden’s declaration of victory and overthrow the election of President Donald Trump. The letter filed with the Eastern District of Texas doesn’t say whether Pence would consider this option, but there is no public indication that he will.
“Plaintiffs have filed an urgency petition with this court that raises a number of important legal issues related to the counting of votes for the president,” the Pence file said. “However, the trial of these plaintiffs is not an adequate way to resolve these issues as the plaintiffs have sued the false defendant.”
Pence later adds, “(A) The determination that the Vice President has discretion over the charges brought against the Vice President is a walking legal contradiction.”
The lawsuit falsely claims the election was stolen by Democrats, citing unproven fraud allegations that federal and state courts have repeatedly dismissed. Gohmert and Republicans argue that the electoral law unconstitutionally binds pence to the state-certified electoral college, claiming that pence has “the exclusive power and sole discretion” to count states’ electoral votes.
“Under the Twelfth Amendment, only the Defendant Pence has the exclusive power and discretion to initiate and permit the counting of votes for a particular state, and when there are competing electoral rolls, or when there are objections to an individual electoral roll in order to determine which voters’ votes are counted or if there are none, they are counted, ”argues the prosecutor.
Pence’s letter highlighted the irony of Gohmert’s argument. Ironically, Representative Gohmert’s position, if accepted by the Tribunal, would actually deprive him of his ability as a Member of the House under the Election Census Act to object to the counting of votes. then debate and vote. “”
There were no credible allegations of voting issues affecting the election as claimed by dozens of state and federal courts, governors, state election officials, and departments. internal security and justice.
A member of the House and a Senator must appeal when Congress counts the votes. Missouri Republican Senator Josh Hawley said Wednesday he would speak out against the move, which will force House and Senate lawmakers to vote on whether to accept the results of Biden’s victory.
House attorney general Doug Letter filed an amicus letter with the court on Thursday calling for the Gohmert case to be dismissed. He called it a “radical departure from our constitutional process and consistent legislative practice”. .
“This court should dismiss the appeal and dismiss the extraordinary and unprecedented legal remedy sought: a statement that the Electoral Census Act is unconstitutional and an injunction that would undermine the traditional procedures of Congress for the counting of votes.” Complainants have no position; Their claims are laced and their legal and constitutional claims – which this court should not reach – are unfounded, ”Letter said.
“Basically, this litigation aims to involve the federal courts in a belated and unfounded attack on longstanding constitutional processes in order to uphold the results of a national presidential election,” added the House Prosecutor.
Also on Thursday, Attorney Alan Kennedy, voter for Biden and elected Vice President Kamala Harris in Colorado, asked to join the trial of Gohmert.
This story has been updated with additional information.
CNN’s Jake Tapper and Kristin Wilson contributed to this report.
“Zombie Enthusiast. Internet lover. Trailblazer for bad food. Friendly beer evangelist. “