Pence may choose 2020 election winner 'as he sees fit,' Gohmert says in court filing

[brooklynite]

Source: Politico

Vice President Mike Pence has the unilateral power to decide the outcome of the 2020 election, according to the latest filing in a lawsuit brought by Rep. Louie Gohmert (R-Texas) and other Republicans mounting a last-ditch bid to overturn the results of the 2020 election.

“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 state’s 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.”

Gohmert’s 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 Constitution’s Twelfth Amendment, he says, “unequivocally entrusts to him all the prerogatives and rights to determine what electoral votes to count.”

It’s 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 Biden’s victory. In his suit, Gohmert indicates he expects more than 140 members of the House to join in challenging Biden’s victory on Jan. 6. He also noted that House GOP leader Kevin McCarthy and GOP Whip Steve Scalise dissented from the House’s legal arguments against Gohmert’s lawsuit.

Read more: https://www.politico.com/news/2021/01/01/pence-2020-election-winner-gohmert-453259

[Irish_Dem]

1. Pence could choose himself?????

Now this is getting interesting.

[Chainfire]

2. I guess we just pissed away a lot of money running elections....

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]

3. Is this a cause for concern?

Should I be worried about this lawsuit?

[Lochloosa]

5. Lol. No

[brooklynite]

6. No.

Any other questions?

[Flaleftist]

10. The SCOTUS has already indicated they are not having any of this shit.

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]

13. Oh, God, no!

Hilariously, the DoJ is defending Pence (as it must).

[oldsoftie]

26. Not just no but HELL no

[obamanut2012]

53. Are YOU concerned?

You seem concerned.

[Pantagruel]

4. So Gohmert is asserting

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]

7. Like Al Gore did? Fuck this asshole and his lawyers. n/t

[Collimator]

9. Just thinking about Gore.

Can you imagine the howls of rage coming from the Right if anyone had even floated that idea?

[rzemanfl]

11. Yeah, and Gore only lost in court once, not 59 or 60 times. n/t

[Cattledog]

8. Nothing of the sort is in the 12th amendment text.

[LastLiberal in PalmSprings]

15. The VP's role according to the 12th Amendment:

"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]

12. Idiot attention-whore.

[Skeptical Thomas]

14. Sorry, Louie

It's a No-Goh!

[badboy67]

16. Idiocy.

[superheadshot19997]

17. gop is against america

vote them all out next election

[Atticus]

18. The only aspect of his statements that is correct is the spelling of the words he strings

together in a way that makes Sarah Palin the "intellect" in the GOP.

[sakabatou]

19. Gohmert Pyle should be ignored.

[Blue Owl]

51. Sarge needs to get all up in Gomer's grill

[wryter2000]

20. He's such a Gohmert

[yourmovemonkey]

21. Why do we have elections at all then, Louis?

[BumRushDaShow]

22. Time for Politico to get with the program and append

"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]

39. I never read Politico and no one else should either.

I have been suspicious of them since their inception.

[BumRushDaShow]

40. Both "Politico" and "The Hill" fit that bill.

[Mickju]

41. Yes, The Hill definitely qualifies.

They are frequently full of shit, even worse than Politico actually.

[muriel_volestrangler]

23. I think if Gohmert were able somehow to appeal this to the Supreme Court, he'd lose 9-0

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]

24. Someone needs to Pyle-drive Gohmert into submission

He has no business pulling this shit.

[oldsoftie]

25. Imagine what that would mean, if true, anytime a VP was running for President.

And his party held the Senate.

[rdking647]

27. gohmert is a lawyer

he should be disbarred for this
as should any of his attorneys

[Takket]

28. "now you tell me!" says every VP who counted a vote that put him out of a job

[Galraedia]

29. Every case that Gohmert ruled on as a judge in Texas should seriously be reexamined

The man clearly has no understanding of the law.

[Baclava]

30. The batshit loons are the new face of the GOP! I think it's hilarious

[Evolve Dammit]

31. I cannot get beyond the truth that this flaming, stupid asshole was a judge.

[progree]

32. Isn't he the dumbest one? I can't keep track. Maybe too many contenders for anyone to pick a

"winner" in that category.

[Yo_Mama_Been_Loggin]

34. Him and Gym Jordan are locked in a battle

[Yo_Mama_Been_Loggin]

33. That boy aint right

[JDC]

35. He really is a Grade A cow pie.

[lastlib]

36. Drugs......HAS to be drugs....!

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]

37. Like Biden did in 2017?

Let’s say in bizarro world, if he is correct....could we retroactively install Al Gore....and then Hillary?

SMDH, I just don’t understand these creatures!

[bluestarone]

38. WOW! just think how much money could be saved

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]

42. BREAKING: Texas judge throws out Gohmert's suit. via @kyledcheney n/t

[sarisataka]

43. The court's response-

[louis-t]

49. "REPO-O-O-O-O-R-R-R-T!!"

[LudwigPastorius]

44. "Pence may choose 2020 election winner 'as he sees fit,'..."

so says one of the most brilliant legal minds of his generation.



s

[Grokenstein]

47. I get it! It's a rebus!

Bat plus shit plus crazy!

[tavernier]

45. Gohmert is a lawyer????

I thought Trump U. was disbanded??

[Lock him up.]

46. louie louie me gotta go (cuz u'r cray)

[Aussie105]

48. Under the Constitution?

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]

50. The Founders intended for the vice president to choose the next president, according to the

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]

52. Judge dismisses Gohmert lawsuit seeking to stymie Biden electoral college count

Source: Washington Post

Judge dismisses Gohmert lawsuit seeking to stymie Biden electoral college count

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 judge’s 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 judge’s 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. Gohmert’s 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, Gohmert’s 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]

54. Pence isn't that loyal

to put his ass on the line for Trump.