Judge throws out Gohmert suit aimed at empowering Pence to overturn 2020 election results on Jan. 6


Vendredi 1er Janvier 2021 ((rezonodwes.com))–

A federal judge has tossed out a GOP-led lawsuit aimed at empowering Vice President Mike Pence to unilaterally overturn President-elect Joe Biden’s victory, contending that the plaintiffs — Rep. Louie Gohmert (R-Texas) and 11 Arizona Republicans who would have been electors for Donald Trump — lacked standing to sue.

U.S. District Court Judge Jeremy Kernodle, a Trump appointee based in Tyler, Texas, said the suit, which was filed against Pence, couldn’t be brought by an individual member of Congress, since it alleged an injury that would apply to the entire House and Senate.

Gohmert had asked the court to declare that Pence, who is constitutionally required to preside over the Jan. 6 session of Congress to certify the results of the 2020 election, had the sole authority to decide whether some of Biden’s electoral votes should be rejected — and whether alternative slates of Trump votes could be introduced instead. But Kernodle said Gohmert’s argument relied on entirely speculative circumstances.

“Congressman Gohmert’s alleged injury requires a series of hypothetical—but by no means certain—events,” the judge wrote in his 13-page ruling issued Friday evening. “Plaintiffs presuppose what the Vice President will do on January 6, which electoral votes the Vice President will count or reject from contested states, whether a Representative and a Senator will object under Section 15 of the Electoral Count Act, how each member of the House and Senate will vote on any such objections, and how each state delegation in the House would potentially vote under the Twelfth Amendment absent a majority electoral vote.”

“All that makes Congressman Gohmert’s alleged injury far too uncertain to support standing under” the Constitution, Kernodle added.

Kernodle’s decision did not completely slam the door on the possibility that Gohmert or the would-be electors might be able to get some relief in court. The judge dismissed the case without prejudice, meaning that Gohmert’s lawyers could try to reframe the suit so it will pass legal muster. Gohmert, who filed the suit on Sunday, had asked for a final ruling from Kernodle by Jan. 4 in order to have time for potential appeals.


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