Pence Sued by GOP Legislators to Overturn Biden’s Victory

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Either we have a party that stands up for election integrity and one person, one vote or we have nothing.

Pence Sued by GOP Legislators to Overturn Biden’s Victory

By Theodore Bunker    |   Newsmax  December 28, 2020:

A group of congressional Republicans led by Texas Rep. Louie Gohmert are suing Vice President Mike Pence to prevent him from confirming Joe Biden’s victory in the 2020 presidential election.

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On Jan. 6, Pence is set to preside over Congress’ meeting to count the Electoral College votes, which will officially cement Biden as the next president, according to the 1887 Electoral Count Act that designates the vice president as the official to preside over the meeting.

The lawsuit, which lists Arizona Republican Party Chair Kelli Ward among almost a dozen additional plaintiffs, claims that any action that declares Biden the winner of the election will be fraudulent.

“This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution,” the suit reads, according to ABC affiliate KLTV in Texas.

However, election experts note that the lawsuit has little chance of overturning the election.

“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,” Edward Foley, who teaches law at the Ohio State University, told The Hill.

“I’m not at all sure that the court will get to the merits of this lawsuit, given questions about the plaintiffs’ standing to bring this kind of claim, as well as other procedural obstacles,” he added.

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Tasmanian Devil
Tasmanian Devil
3 years ago

The fact that they felt the need to sue Pence totally confirms my fear that THE DEEP STATE OWNS AMERICA!

https://banliberals.com/2020/12/28/why-trump-is-making-a-huge-mistake/

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Jardinity
Jardinity
3 years ago

Pense could have stood by the President on Dec 23rd and written the swing state AG’s declaring their elections tainted according to the constitution. he refused he is no better than anyone who voted twice or took part in the steal in Atlanta running ballots over and over…. Pense sold out Trump

felix1999
felix1999
3 years ago
Reply to  Jardinity

That’s my concern too. Trump tweeted it out for PENCE to do that.
Pence ignored it….
Maybe Louie will put more pressure on him to do the right thing….

Trump said to be frustrated Pence not doing enough to help overturn the election
by Katherine Doyle, White House Correspondent | | December 24, 2020 07:08 PM

President Trump is irritated that Vice President Mike Pence is not committed enough to helping him overturn the election results, according to reports.

Pence met with Trump in the Oval Office for more than an hour before Trump retweeted a tweet calling on the vice president to halt the certification by the Senate of election results.

Pence, in his role as president of the Senate, will preside over the proceedings.

The message Trump retweeted after the two met on Wednesday insists that Pence cannot ratify Electoral College votes from states the author claims were “fraudulently” certified.

https://www.washingtonexaminer.com/news/trump-frustrated-pence-not-doing-enough-overturn-election

Pence and Trump spent Christmas apart. Rudy spent it with Trump.
Not a good omen….

CrustyB
CrustyB
3 years ago

That’s what I call a friendly lawsuit.

VMS
VMS
3 years ago
Reply to  CrustyB

Normally one does not win friends and influence people by suing them. If Pence were to refuse to recognize electoral votes from contested states on the grounds that they did not hold an election according to law, a thorn-in-his-side lawsuit doesn’t help things.

felix1999
felix1999
3 years ago
Reply to  VMS

It’s all or nothing. He’s trying to force Pence to do the right thing.
There is doubt that he will. He will deserve the wrath of the rational people if he does the wrong thing……

Patti York
Patti York
3 years ago
Reply to  CrustyB

I thought so too

CharlieSeattle
CharlieSeattle
3 years ago

Another garbage suit to ignore.

felix1999
felix1999
3 years ago

I give Louie Gohmert credit for trying to force Pence into doing the right thing and more authority for it.

Rep. Louie Gohmert (R-Texas) filed a lawsuit against Vice President Mike Pence in a bid to overturn the election results, asking a court to give Pence “exclusive authority” to decide which Electoral College votes should be counted on Jan. 6.
By Jack Phillips
12/28/20

According to the lawsuit (pdf), Pence has a role in the upcoming Jan. 6 Joint Session of Congress to count all 50 states’ Electoral College votes. Gohmert’s lawsuit, which was filed against Pence in his capacity as vice president, is asking a federal judge to strike down the 1887 Electoral Count Act, asking the judge to grant Pence the authority to overturn the election results in favor of President Donald Trump.

Gohmert’s lawsuit is claiming that any action taken by Pence on Jan. 6 to certify the Electoral College results to secure a win for Joe Biden will be fraudulent. Gohmert is furthermore asking Judge Jeremy Kernodle, an appointee of Trump, to determine that Pence is authorized to pick GOP electors who cast votes for Trump during the Joint Session of Congress.

The Epoch Times has reached out to the White House and Pence’s office for comment.

“Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,” states the lawsuit, which also asks the Texas federal court to issue a judgement. “If no candidate has a majority of 270 elector votes, then the House of Representatives (and only the House of Representatives) shall choose the President,” Gohmert’s suit says, adding that the Constitution’s 12th Amendment “contains the exclusive dispute resolution mechanisms” over elections.

The court should render a judgment on whether “Vice President Pence, in his capacity as President of Senate and Presiding Officer of the January 6, 2021 Joint Session of Congress under the Twelfth Amendment, is subject solely to the requirements of the Twelfth Amendment and may exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State, and must ignore and may not rely on any provisions of the Electoral Count Act that would limit his exclusive authority and his sole discretion to determine the count, which could include votes from the slates of Republican electors from the Contested States,” Gohmert’s lawsuit further states.

Gohmert noted that GOP-selected electors in several key states being contested by Trump have cast votes for Trump and Pence. The Republican parties in the states said they did so to preserve lawsuit options for the president. Electors that were certified by the key states’ executive branches cast votes during the Dec. 14 Electoral College vote, giving Joe Biden 306 votes to Trump’s 232 votes.

Meanwhile, Gohmert said in the suit that he is joining a GOP-led effort to challenge the Electoral College vote-count efforts on Jan. 6. The bid, which is being led by Rep. Mo Brooks (R-Ala.), has dozens of supporters in the House, Brooks told Fox News on Monday morning.

Trump has supported the effort led by Brooks and the other Republican lawmakers to challenge the counting. But so far, it’s not clear if any senators have joined, which is needed to carry out the challenge of the electoral votes.

Gohmert filed the suit in the Eastern District of Texas. The entire delegation of the GOP electors in Arizona also joined him in the lawsuit.

The case is Gohmert v. Pence, and the case number is 6:20-cv-00660.
https://www.theepochtimes.com/gop-rep-sues-pence-to-give-him-exclusive-authority-to-overturn-election-results_3634980.html

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PlatinumGhost
PlatinumGhost
3 years ago

The U.S. Constitution governs the election of the President. The controlling provision is the Twelfth Amendment, which states that:
“[T]he 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.”
What does that mean? In “Preparing for a Disputed Presidential Election” (51 Loyola University Chicago Law Journal 2018), Edward B. Foley explains:
The peculiar passive-voice phrasing of this crucial sentence opens up the possibility of interpreting it to provide that the “President
of the Senate” has the exclusive constitutional authority to determine which “certificates” to “open” and thus which electoral votes “to be counted.”

Come January 2021, Vice President Mike Pence will be presented with the sealed certificates containing the ballots of the presidential electors. At that moment, the Presidency will be in his hands.
And there is nothing stopping Pence, under the authority vested in him as President of the Senate, from declining to open and count the certificates from the six disputed states. If they are (as more than 70% of Republicans believe) certificates from non-electors appointed via voter fraud, why should he open and count them? As Harrison noted, “the certificates that the President of the Senate is to open… are those of the electors, not those of non-electors.”

https://macris.substack.com/p/who-counts-the-votes-of-the-presidential

felix1999
felix1999
3 years ago

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Andrew
Andrew
3 years ago

You mean overturn Biden’s theft of the election.

Achmed Mohandjob
Achmed Mohandjob
3 years ago

Oh, our little poorly educated, illogical, worshipper of a thing that would spread its legs for all comers (pun intended) Ayn god gives its opinion.

Ayn the trollop-hoo-ackburr!

Halal Bacon
Halal Bacon
3 years ago

who has a bigger member, oboma or his wife?

felix1999
felix1999
3 years ago
Reply to  Halal Bacon

Our ex princess was spotted letting Mooshell manning the kayaking while he sat back enjoying himself.

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Sewer Maintenance
Sewer Maintenance
3 years ago
Reply to  felix1999

Michelle may not be your favourite black woman (or mine) but at least shes not a Jehovahs witness like Serena Williams

Do you know what hideous sh1t they get up to? Just google jehovahs witness child abuse etc…

ed
ed
3 years ago
Reply to  felix1999

Michael eats steroids. Barry eats Michael.

santashandler
santashandler
3 years ago

That’s ok. Being angry at the world and at Christians and Jews, won’t help you at all. You sound like the type of person that has a dark cloud follow them wherever they go.

Achmed Mohandjob
Achmed Mohandjob
3 years ago
Reply to  santashandler

Do you remember that “marc (with a “c”)” character? When it became SO frustrated by no one ever “upvoting” it, or when it received nothing but negative responses ….

It went on a mission. Posting nothing but profanities and then it started posting pictures of child pornography.

It seems as if the worshiper of Trollop Ayn is right about ready to snap and start “marcing” it.

santashandler
santashandler
3 years ago

Yes, good observation!

Jardinity
Jardinity
3 years ago

what exactly does theodore bunker know about constitutional law? next to nothing or nothing…

Dalit
Dalit
3 years ago

More like preparing the Dems & the world for the “upset”. lolcomment image

felix1999
felix1999
3 years ago

Pence is a dumb sh*t. I have little confidence in him to do the right thing….He will be on an island if he betrays Trump. Neither side will want him. Better to go down fighter than what I think he may do which is nothing but go along with a Biden win. I sure hope I am wrong…. I WANT to be wrong.

illustrate100 James
illustrate100 James
3 years ago

The US Supreme Court has been very disappointing in looking at alleged voter fraud so far. There is a Michigan case on their docket, but they may not take it up quick enough. I think they need to look at what happened in Antrim County, Michigan.

Bikinis not Burkas
Bikinis not Burkas
3 years ago

Queue the famous statement

“Either your with us or your with the Enemy “.

volksnut
volksnut
3 years ago

Why not focus on things with a solid ground capable OF OVERTURNING THIS FARCE – Seems its all smoke and mirrors now

sttoad
sttoad
3 years ago

“Be the consent of the governed” It is time we remove that consent.

DVader
DVader
3 years ago

“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution.”
In other words, the lawsuit is remarkably stupid even by Gohmert standards.

Merchantseamen
Merchantseamen
3 years ago

Always knew Pence was a weak sister. Part of the D.C. Bubble. Trump should have canned his ass sometime during the first year. Bought on another firebrand like himself. Male or female does not matter. Pence is head of the covid “Task Force”. He hand picked Dr. Phooey and Dr. Scarf lady. See where that got us.

Dan Knight
Dan Knight
3 years ago
Reply to  Merchantseamen

*** Happy New Year to you and yours, Merchantseamen!

… and a happy new year to everyone passing by…

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