U.S. Rep. Louie Gohmert (R-Tyler) is continuing his lawsuit against Vice President Mike Pence to prevent him from formally declaring President-elect Joe Biden as the next president after a recount of the Electoral College votes next week.
KLTV reported that new court filings show that Gohmert is likely to succeed in the case, after a request to expedite the lawsuit was granted by District Judge Jeremy Kernodle.
“Prior to filing of this lawsuit, Plaintiffs’ counsel presented a written statement of the specific relief requested and summary of Plaintiffs legal arguments by e-mail to the Office of the Counsel for the Vice President,” KLTV reported the filing said. “Prior to moving for emergency relief, Plaintiffs’ counsel conferred via telephone with the Counsel to the Vice President and provided an as-filed copy of the Complaint and an unsigned final copy of Plaintiffs Motion via email.”
The filing noted that Gohmert’s attorneys discussed the suit with Pence’s attorneys.
“In the teleconference, Plaintiffs’ counsel made a meaningful attempt to resolve the underlying legal issues by agreement, including advising the Vice President’s counsel that Plaintiffs intended to seek immediate injunctive relief in the event the parties did not agree,” the filing stated. “Those discussions were not successful in reaching an agreement and this lawsuit was filed. Counsel for the Vice President was promptly furnished a copy of the Complaint and Plaintiffs Motion.”
Gohmert told the news media that while he hadn’t spoken with Pence since the filings were made, the suit was only brought against Pence in his official capacity. He said under the 12th Amendment, he is entitled to formally object to the count. He wants Kernodle to rule that Pence is authorized to choose electors as five states are sending two sets of electors.
“Five states are sending two sets of electors and (Pence) has to be able to determine which ones are based on fraud and which ones were not based on fraud,” Gohmert said, the news media reported. “So that’s what we’re seeking, a declaration that he can do just that.”
