Pence may choose 2020 election winner 'as he sees fit,' Gohmert says in court filing
Source: Politico
Under the Constitution, he has the authority to conduct that proceeding as he sees fit, Gohmert argues. He may count elector votes certified by a states executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.
Gohmerts new brief contends that the Constitution effectively makes Pence the sole arbiter of which electoral votes to count when he presides over a Jan. 6 session of Congress meant to count electoral votes and certify the 2020 election. The Constitutions Twelfth Amendment, he says, unequivocally entrusts to him all the prerogatives and rights to determine what electoral votes to count.
Its the latest, and likely last, piece of a desperate effort by President Donald Trump and his allies to cling to power in the face of President-elect Joe Bidens victory. In his suit, Gohmert indicates he expects more than 140 members of the House to join in challenging Bidens victory on Jan. 6. He also noted that House GOP leader Kevin McCarthy and GOP Whip Steve Scalise dissented from the Houses legal arguments against Gohmerts lawsuit.
Read more: https://www.politico.com/news/2021/01/01/pence-2020-election-winner-gohmert-453259
Irish_Dem
(47,518 posts)Now this is getting interesting.
Chainfire
(17,663 posts)Why wouldn't Pence just select himself as President? The judge needs to hold all of the people who joined that suit with contempt of court.
Plectranthus
(53 posts)Should I be worried about this lawsuit?
Lochloosa
(16,073 posts)brooklynite
(94,792 posts)Any other questions?
Flaleftist
(3,473 posts)This is a joke just like the other 5 dozen suits that were laughed out of court.
All this does is expose the GOP for what they are, and that is against the principles of democracy.
So relax. Trump will no longer be in power after January 20. But there is, of course, a shitload of work to do after that.
The Velveteen Ocelot
(115,900 posts)Hilariously, the DoJ is defending Pence (as it must).
oldsoftie
(12,632 posts)obamanut2012
(26,158 posts)You seem concerned.
Pantagruel
(2,580 posts)that he would've been fine with Biden declaring HRC the winner of the 2016 election?
He's awarding the VP enormous power but as we know, Louis is a moron.
rzemanfl
(29,573 posts)Collimator
(1,639 posts)Can you imagine the howls of rage coming from the Right if anyone had even floated that idea?
rzemanfl
(29,573 posts)Cattledog
(5,919 posts)LastLiberal in PalmSprings
(12,600 posts)"The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed..."
Constitution of United States of America 1789 (rev. 1992), Amendment XII
truthisfreedom
(23,159 posts)Skeptical Thomas
(82 posts)It's a No-Goh!
badboy67
(460 posts)superheadshot19997
(16 posts)vote them all out next election
Atticus
(15,124 posts)together in a way that makes Sarah Palin the "intellect" in the GOP.
sakabatou
(42,186 posts)Blue Owl
(50,529 posts)wryter2000
(46,099 posts)yourmovemonkey
(267 posts)BumRushDaShow
(129,662 posts)"falsely claims" to each of their "descriptions" of what the suit is asserting. By doing very little fact-checking, they continue to sow the FUD and enable this nonsense.
Mickju
(1,805 posts)I have been suspicious of them since their inception.
BumRushDaShow
(129,662 posts)Mickju
(1,805 posts)They are frequently full of shit, even worse than Politico actually.
muriel_volestrangler
(101,390 posts)I don't think any of them could find it a good idea, or remotely constitutional. Few things you can say that about.
Blue Owl
(50,529 posts)He has no business pulling this shit.
oldsoftie
(12,632 posts)And his party held the Senate.
rdking647
(5,113 posts)he should be disbarred for this
as should any of his attorneys
Takket
(21,644 posts)Galraedia
(5,027 posts)The man clearly has no understanding of the law.
Baclava
(12,047 posts)Evolve Dammit
(16,781 posts)progree
(10,924 posts)"winner" in that category.
Yo_Mama_Been_Loggin
(108,304 posts)Yo_Mama_Been_Loggin
(108,304 posts)JDC
(10,135 posts)lastlib
(23,323 posts)They are hallucinatory. Maybe their alpha waves are getting crossed up with cosmic rays, or they stuck their heads in a microwave oven on high, but there are definitely some badly fried synapses firing in those crania. And we sane ones are hostage to their insanity. When this nightmare is over, and Joe is safely installed, we have got to send out the funny-wagon to round these idjits up, and put them where they will be no danger to society.
mentalsolstice
(4,462 posts)Lets say in bizarro world, if he is correct....could we retroactively install Al Gore....and then Hillary?
SMDH, I just dont understand these creatures!
bluestarone
(17,067 posts)NO tv commercials Throw all the voting equipment out, (DEJOY could handle this) EVERY VP can just declare whoever he wants, What a bunch of DUMB FUCKERS they all are!!!
germanparlor
(2 posts)sarisataka
(18,821 posts)louis-t
(23,309 posts)LudwigPastorius
(9,195 posts)so says one of the most brilliant legal minds of his generation.
s
Grokenstein
(5,727 posts)Bat plus shit plus crazy!
tavernier
(12,410 posts)I thought Trump U. was disbanded??
Lock him up.
(6,946 posts)Aussie105
(5,444 posts)More details needed where exactly.
Did the Founding Fathers build in a secret back door which made it possible for America to go back to the rule of a Mad Monarch?
I highly doubt it.
It's just an attention grabbing flare sent up to frighten the delicate sensibilities of us Democratic Party followers.
Not even a nice try, no gold medal, crawl back under your rock.
Does Gohmert's suit now mark him as a non-desirable time waster in any future court action?
Smells of desperation. What next, Gohmert? A full on kicking and screaming rolling on the floor temper tantrum a 5 year old would be proud of?
progree
(10,924 posts)Gohmertalist Papers (originally called the Federalist Papers, but renamed the Gohmertalist Papers in honor of his unsurpassed command of the Federalist Papers, and his awesome contributions to it).
That's what Republicans call "grassroots democracy". I mean, what could be more logical?
Eugene
(61,965 posts)Source: Washington Post
By Devlin Barrett
1/1/2021, 11:18:00 p.m.
A federal judge in Texas has dismissed a long-shot lawsuit by Rep. Louie Gohmert (R-Tex.) that sought to overturn the presidential election, saying neither the congressman nor his allies have legal standing to pursue the case.
The judges Friday night ruling tosses out what many election law experts considered a far-fetched theory to challenge the formal mechanism by which President-elect Joe Biden will be affirmed as the winner of the race for president.
U.S. District Judge Jeremy D. Kernodle issued an order dismissing the case because, he found, neither Gohmert nor his fellow plaintiffs have a sufficient legal stake in the process to justify the lawsuit. Kernodle was nominated to the federal bench by President Trump.
The judges ruling comes less than 12 hours after lawyers for Gohmert filed court papers arguing that Vice President Pence has far more power than the government claims to alter the outcome of the presidential election. Gohmerts lawyers filed a notice of appeal later Friday night.
Kernodle wrote that previous court cases make clear that an individual member of Congress cannot sue for a harm supposedly done to the larger legislature. Additionally, the judge found, Gohmerts claim of harm is a series of hypothetical scenarios stacked on top of each other, further undercutting any authority for the court to intervene.
-snip-
Read more: https://www.washingtonpost.com/national-security/gohmert-court-filing-claims-pence-is-not-a-glorified-envelope-opener/2021/01/01/eeb6b222-4c51-11eb-839a-cf4ba7b7c48c_story.html
twodogsbarking
(9,844 posts)to put his ass on the line for Trump.