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GOP Lawsuit Against Mike Pence Is Already Backfiring On Trump And His Allies

Earlier this week, Rep. Louie Gohmert (R-TX) filed an absurd lawsuit against Vice President Mike Pence to keep the 2020 election from being certified in the Senate on January 6.

As CNBC noted when Gohmert filed the suit, it has no chance of changing anything:

“The suit asks federal Judge Jeremy Kernodle, a Trump appointee in eastern Texas, to declare that Pence has the ‘exclusive authority and sole discretion’ to decide which electoral votes from a given state should be counted.

“Legal scholars quickly dismissed the Republicans’ lawsuit as hopelessly far-fetched.”

Even worse for Trump and his allies, the suit is already backfiring against them and may only serve to prove yet again that the Donald lost to Joe Biden, according to the New York Times:

“The Justice Department asked a federal judge on Thursday to reject a lawsuit seeking to pressure Vice President Mike Pence to overturn the results of the election, pitting the department against President Trump’s allies in Congress who have refused to accept President-elect Joseph R. Biden Jr.’s victory. The department, acting on behalf of Mr. Pence, said that Republican lawmakers, led by Representative Louie Gohmert of Texas, could not invalidate the more than century-old law that governs the Electoral College process to expand an otherwise ceremonial role into one that has the power to reject electoral votes that were cast for Mr. Biden.”

When even your own Justice Department is trying to get a lawsuit dismissed, that’s a sure sign it’s completely bogus.

The DOJ also asked a federal judge to make clear in his ruling that Pence can only play a procedural role next Wednesday:

“The Justice Department also made clear in its filing that it welcomed any comments from the federal judge in the case … that would clarify that Mr. Pence’s role in the election was purely procedural. If a judge were to make clear that Mr. Pence does not have the authority to reject votes or decide the results, it could alleviate pressure on him. Since the election in November, Mr. Trump has become singularly focused on the proceedings of the Electoral College. He cut short his vacation at his Mar-a-Lago estate in Florida to return to Washington early, at least in part to push Republican lawmakers to reject the results when they meet on Jan. 6 to count the votes.”

When the judge dismisses Gohmert’s suit (and he will), he will also make it clear why: Because Pence cannot do anything except what the Constitution specifies: Certifying what the Electoral College decided on recently: Joe Biden is the 46th President of the United States and Donald Trump is a one-term loser.

After that, maybe Trump will retire to Florida and never return.

 

By Andrew Bradford

Proud progressive journalist and political adviser living behind enemy lines in Red America.

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