Judge Jeremy Kernodle of the Eastern District of Texas said Friday that Homert and the others had no cause for action. In a motion filed late Friday, Gohmert and the other plaintiffs filed a notice of appeal with the U.S. Court of Appeal for the Fifth Circuit.
The Gohmert trial is part of a desperate and extraordinary attempt by the GOP to annul the presidential elections, making unsubstantiated and unsubstantiated accusations of massive electoral fraud and accusing many people of the fact that President-elect Joe Biden illegally changed his voting rules because of the pandemic.
These arguments have failed dozens of times in state and federal courts over the past two months.
Gohmert and potential voters in Trump, Arizona, said that only Pence can decide which votes are counted in the election – a remarkable argument suggesting that vice presidents can directly determine who wins the presidential election, regardless of the outcome.
Fault! The file name is not specified.
Kernodle, whose appointment was proposed by Trump and confirmed by a vote in the Senate in 2018, writes that Gohmert at best is claiming institutional damages to the House. Under the auspices of the Supreme Court, that is not enough to uphold a reputation.
Referring to a group of Arizona Republicans who argued that Biden’s voters in that state had been incorrectly certified, Kernodle wrote that they were claiming damages that could not be reliably attributed to the defendant, the Vice President of the United States, and that the relief sought was unlikely to remedy the situation.
In his 13-page opinion, Kernodle did not discuss the constitutionality of the Voting Rights Act or Pence’s ceremonial role in overseeing the certification process.
Pence asked Kernodle on Thursday to dismiss the case, arguing that Homert’s legal questions should be addressed to the House and Senate, not the Delegate Speaker. Pence’s statement did not indicate whether he intended to interfere with the electoral college’s vote count, but there is no public indication that he would do so.
(A) The allegation that the vice-president has discretion over the charges against him is an ongoing legal controversy, Mr Pence said.
Ironically, Mr. Gohmert’s position, if adopted by the court, would effectively deprive him, as a member of the House under the Voting Count Act, of the ability to object to the counting of votes and then to debate and vote on it, Mr. Pence said.
At least 140 Republicans in the House of Representatives are expected to oppose January with six counted votes, Jake Tapper of CNN reported on Thursday. Gohmert said he’d be one of them.
There were no credible reports of voting problems that could have affected the elections, as confirmed by dozens of state and federal courts, governors, state election officials and the Ministries of Homeland Security and Justice.
Fault! The file name is not specified.
Both a member of the House of Representatives and a senator must oppose the counting of votes by Congress. Republican Senator Josh Hawley of Missouri said Wednesday that he would oppose forcing House and Senate lawmakers to vote on whether the results of Biden’s victory should be approved.
Earlier this week at the White House, the Ministry of Justice announced that a penny deposit would be made, according to a person familiar with the case. Chief of Staff Mark Meadows was told that the department would ask a judge to dismiss the case. Pat Cipollone, a White House advisor, also knew this would happen.
It is not clear whether Trump himself, who is furious at the Ministry of Justice for his alleged inaction on electoral fraud, has been informed of this. He became interested in the role of Pence in the process of the sixth. January, although Pence and others in the White House tried to explain to him that this was just a ceremonial position.
House counsel Doug Brief filed an amicus curiae brief on Thursday and asked the court to dismiss the Homert case, calling it a radical departure from our constitutional procedures and consistent legislative practice.
Ultimately, the purpose of this process is to involve the federal courts in a late and unfounded attack on the lengthy constitutional processes for validating the results of a national presidential election, the House’s counsel wrote.
The Trump campaign also continues with the race to the Supreme Court, making the same unsubstantiated and unproven accusations of voter fraud. Twice this week, the court moved to nullify Biden’s victory in Wisconsin. Other cases in which the president and his allies are trying to derail Biden’s victories in Pennsylvania, Georgia, Michigan, Wisconsin and Arizona are pending before the court.
This story has been updated with additional information.
Morgan Rimmer of CNN contributed to this report.