Judge rejects bid to overturn vote
House Republican’s lawsuit aimed to give Vice President Mike Pence the power to annul Trump’s Nov. 3 defeat.
WASHINGTON — A federal judge on Friday dismissed a last- gasp lawsuit led by a House Republican that aimed to give Vice President Mike Pence the power to overturn the results of the presidential election won by Joe Biden when Congress formally counts the electoral college votes next week.
Pence, as president of the Senate, will oversee the session Wednesday and declare the winner of the White House race. The electoral college last month cemented Biden’s 306- 232 victory, and legal efforts by President Trump’s campaign to challenge the results have failed.
The suit named Pence, who has a largely ceremonial role in next week’s proceedings, as the defendant and asked the court to throw out the 1887 law that spells out how Congress handles the vote counting. It claimed that the vice president “may exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State.”
In dismissing the lawsuit filed by Rep. Louie Gohmert ( R- Texas) and a group of Republican electors from Arizona, U. S. District Judge Jeremy Kernodle, a Trump appointee in Texas, wrote that the plaintiffs “allege an injury that is not fairly traceable” to Pence “and is unlikely to be redressed by the requested relief.”
The Justice Department represented Pence in a case that aimed to f ind a way to keep his boss in power. In a court f iling in Texas on Thursday, the department said the plaintiffs “have sued the wrong defendant” — if, in fact, any of those suing actually have “a judicially cognizable claim.”
The department said, in effect, that the suit objects to long- standing procedures laid out in law, “not any actions that Vice President Pence has taken,” so he should not be the target of the suit.
“A suit to establish that the Vice President has discretion over the count, f iled against the Vice President, is a walking legal contradiction,” the department argued.
Trump, the f irst president to lose a reelection bid in almost 30 years, has attributed his defeat to widespread voter fraud. But courts and nonpartisan and GOP election officials have confirmed there was no fraud that would change the election result.
That includes former Atty. Gen. William Barr, a staunch Trump ally who said he saw no reason to appoint a special counsel to look into the president’s claims about the 2020 election. He resigned from his post last week.
Trump and his allies have f iled roughly 60 lawsuits challenging election results, and nearly all have been dismissed or dropped. He’s also lost twice at the Supreme Court.