Gohmert suit may force Pence’s hand in effort to overturn Trump’s defeat
Rep. Louie Gohmert (R-Texas) and President Donald Trump’s defeated electors from Arizona may force Vice President Mike Pence to publicly pick a side in Trump’s bid to overturn his 2020 election loss.
Gohmert and a handful of the would-be electors sued Pence in federal court on Monday in a long-shot bid to throw out the rules that govern Congress’ counting of electoral votes next week. It’s an effort they hope will permit Pence — who is tasked with leading the Jan. 6 session of the House and Senate — to simply ignore President-elect Joe Biden’s electors and count Trump’s losing slates instead.
The lawsuit asserts that the 1887 law known as the Electoral Count Act, the vague statute that has long governed the electoral vote counting process with minimal drama, unconstitutionally binds Pence from exercising total authority to choose which votes to count.
“Under the Twelfth Amendment, Defendant Pence alone has the exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state, and where there are competing slates of electors, or where there is objection to any single slate of electors, to determine which electors’ votes, or whether none, shall be counted,” the suit contends.
The lawsuit comes before Judge Jeremy Kernodle, a Trump appointee to the U.S. District Court for the Eastern District of Texas. It’s unclear if he’ll grant the request for an expedited judgment.
Though the lawsuit itself is unlikely to gain legal traction, it does put Pence in the position of having to either contest the suit — putting him on the opposite side of Trump and his GOP defenders — or support it and lay bare the intention to subvert the will over the voters in the 2020 election.
Pence has engaged with GOP lawmakers seeking to reverse the election results but has avoided publicly taking a side in the matter, and he has given no indication how he intends to handle his role presiding over the Jan. 6 session of Congress set to certify Biden’s victory. [Continue reading…]