In a move indicating that outgoing Vice President Mike Pence is about to disappoint outgoing President Donald Trump on January 6th when Congress convenes to count the Electoral College votes, his lawyers are asking a federal judge to dismiss a harebrained lawsuit filed against him by House Republicans.
Led by Rep. Louie Gohmert (R-Texas), the lawsuit demands that the court give Pence the power the overturn the election by rejecting the votes of the legal electors who affirmed President-Elect Joe Biden’s Electoral College victory with 306 votes to Trump’s 232.
Trump supporters in the swing states of Georgia, Arizona, Wisconsin, Michigan, Nevada, and Pennsylvania all sent fake electors to Congress in the hopes that Pence will recognize them instead of the real electors.
Biden won all of those swing states by thousands of votes and every recount has confirmed those victories as Trump’s election fraud claims have gone nowhere because no evidence has been presented in court.
At least 140 House Republicans intend to object to the election results when Congress takes up the formality of the count on January 6th, and Senator Josh Hawley (R-Mo.) has declared that he will join them, which means both houses will have to pointlessly debate for two hours before a final vote to certify the results.
Pence will be presiding over the Senate and has the responsibility to open the electoral votes and count them. But any expectations by Republicans that he will make a move to declare Trump the winner over Biden seemed to have been crushed by his attorneys, who asked the court to deny the lawsuit against him.
“Plaintiffs have presented this Court with an emergency motion raising a host of weighty legal issues about the manner in which the electoral votes for President are to be counted,” the filing said. “But these plaintiffs’ suit is not a proper vehicle for addressing those issues because plaintiffs have sued the wrong defendant. The Vice President—the only defendant in this case—is ironically the very person whose power they seek to promote. The Senate and the House, not the Vice President, have legal interests that are sufficiently adverse to plaintiffs to ground a case or controversy under Article III. Defendant respectfully request denial of plaintiffs’ emergency motion because the relief that plaintiffs request does not properly lie against the Vice President.”
“[The] suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” the filing continued. “For the foregoing reasons, the Court should deny plaintiffs’ request for expedited declaratory judgment and emergency injunctive relief against the Vice President.”
Basically, Pence is admitting that he doesn’t have the kind of power over certifying the votes that House Republicans are claiming he has, which seems to put a nail in the coffin of this attempted coup.
Every Republican who signed on to this scheme in the House and Senate should be denied their seats when the new Congress convenes. Their behavior amounts to sedition and that cannot be tolerated if this nation is to truly move forward.
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