WASHINGTON – A federal judge on Friday dismissed a Republican lawsuit aimed at empowering Vice President Mike Pence to reverse the results of the presidential election Joe Biden won in Congress formally counts the votes of the electoral college next week.
As President of the Senate, Pence will oversee Wednesday’s session and declare the winner of the race at the White House. The electoral college this month cemented Bidens 306-232 victory, and multiple legal efforts of President Donald Trump’s campaign challenging the results have failed.
The lawsuit, named Pence, who plays a largely ceremonial role in next week’s trial, as the defendant asked the court to delete the 1887 Act that set out how Congress would handle the counting of votes. The vice-president could “exercise the exclusive power and discretion to determine which votes are to be counted for a particular state”.
In dismissing the lawsuit of Rep. Louie Gohmert, R-Texas, and a group of Republican voters from Arizona, Texas, U.S. District Judge Jeremy Kernodle, a Trump-appointed representative, wrote that plaintiffs are “alleging a violation that is not “Pence” is fairly understandable and it is unlikely that the requested relief will remedy the situation. “
The Justice Department represented Pence in a case aimed at finding a way to keep his boss, President Donald Trump, in power. In a trial in Texas Thursday, the department said plaintiffs had “sued the false defendant” – when in fact one of the plaintiffs actually had “a judicial claim”.
Indeed, the department said the lawsuit violates longstanding legal process, “not any action that Vice President Pence has taken,” so he shouldn’t be the target of the lawsuit.
“A lawsuit finding that the vice president has discretion over the census filed against the vice president is a standing legal contradiction,” the department argued.
Trump, the first president in nearly 30 years to lose a re-election bid, blamed his defeat on widespread electoral fraud. However, a number of bipartisan election officials and Republicans have confirmed that there was no fraud in November that would alter the election results. This includes former Attorney General William Barr, who said he saw no reason to appoint a special adviser to investigate the president’s demands after the 2020 election. He resigned from his post last week.
Trump and his allies have filed around 50 lawsuits against the election results, and almost all of them have been fired or dropped. He also lost twice on the Supreme Court.