Pence Seeks Dismissal of Electoral College Lawsuit

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A Tuesday court filing said lawyers for Gohmert discussed the issues with the counsel to the vice president to see if the two sides could avoid litigation by being on the same page.

The last remaining effort will likely occur on January 6th, when the electoral college votes are counted by Congress.

In less than a week Congress will meet to certify the electoral college results.

However, because Trump didn't win MI, the state's electors are Democrats - and cast their votes in favor of Biden in Lansing on December 14.

"With the apparent exception of Rep. Gohmert, Plaintiffs are all Arizona Republicans unwilling to accept the results of the presidential election, who were not elected as electors by Arizona voters, and who were thus not certified as electors", the motion said.

The Electoral College this month cemented Mr Biden's 306-232 victory, and multiple legal efforts by President Donald Trump's campaign to challenge the results have failed. However, seven states have what are known as dueling electors, over two dozen House members said that they will contest the results, and some legal scholars argue that Mike Pence might have the authority to declare President Donald Trump as the victor.

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The lawsuit asks the court to declare the Electoral Counting Act unconstitutional and requests an injunction blocking Pence from acting according to its procedures. In his suit, Gohmert indicates he expects more than 140 members of the House to join in challenging Biden's victory on January 6.

Kennedy said that Pence's clearly "ministerial" role shows that Gohmert and his cohorts have put forth a meritless and "undemocratic" argument that should be dismissed.

Pence on Thursday urged the court to reject Gohmert's suit against him, arguing that his fight is with the House and Senate, not the vice president, who would be empowered if Gohmert wins. The framers would never have provided for a process that allowed a sitting vice president - often, as in this case, an actual candidate on the Electoral College ballot - to have unilateral authority to choose which electors to count, the House argued.

Although Pence's filing opposes the suit on technical legal grounds - to wit, that he is not a properly-named defendant in the suit since it seeks to give him more power - the fact that he filed the brief at all seems to indicate that Pence has no interest in participating in a Vice Presidential nullification of any electoral college votes. Fox News reached out to counsel for Gohmert and the Arizona Republican electors for clarification but he did not immediately respond.

Mr. Gohmert and Arizona voters asked U.S. District Judge Jeremy Kernodle to give Mr. Pence the sole discretion to decide which electors to choose.

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