Gohmert says election lawsuit has definite chance to prevail

WATCH: US Rep. Gohmert discusses lawsuit against Vice President Pence

TYLER, Texas (KLTV) - Rep. Louie Gohmert (R-Tyler) attempted to reach a deal with Vice President Mike Pence regarding the Jan. 6 election certification, according to new court filings.

On Monday it was reported that Gohmert, along with several other plaintiffs, had filed suit against Pence in an effort to prevent him from counting the Electoral College votes and formally declaring President-elect Joe Biden as the winner of the 2020 election. However, a second filing – which also contains a request to expedite the suit which was granted by District Judge Jeremy Kernodle – indicates that Gohmert made contact with Pence’s legal counsel before the suit was filed, possibly in an attempt to cut a deal of some kind.

The language of the filing, made Tuesday, states as follows: “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. 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. 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. 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.”

In an interview with East Texas Now Anchor Kayla Lyons, Gohmert said that he had not spoken with Pence after either filing had been made but specified that the suit was not brought out of animosity.

“I haven’t talked to the vice president himself since we filed suit, but we have been in touch through his lawyers. It is important to note that the suit against my friend Vice President Mike Pence is in his official capacity,” said Gohmert.

The details of the intended “meaningful attempt to resolve the underlying legal issues by agreement” were neither stated nor otherwise made evident in the remainder of the filing.

Gohmert’s initial suit objects to the counting of the Arizona slate of electors voting for Biden and to the Biden slates from the remaining Contested States. Gohmert will formally object to the count which, the lawsuit states, is a privilege he is entitled to “under the Twelve Amendment” (sic). Further, Gohmert is also asking Judge Kernodle, a President Donald Trump-appointed district judge in Tyler, to find that Pence is authorized to pick pro-Trump electors on January 6.

“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. So that’s what we’re seeking, a declaration that he can do just that,” said Gohmert. However, he cited no specific instances or concrete evidence of fraud in this interview. Additionally, post-election investigations of multiple states including both Arizona and Georgia found that no fraud took place.

When asked if he firmly believes in his actions regarding these filings or if he’s simply doing this to garner attention before President-elect Biden takes office, Gohmert responded that his efforts are sincere.

“We absolutely have a shot and it’s a lot better than the shot that ‘Dumb & Dumber’ had of getting a date with the girl. ‘It’s a million to one’ she said. He said ‘You’re saying I have a chance.’ Well we’ve got better than those odds of prevailing. I mean we have got to try. It is the constitution we are trying to defend and lawful elections. And there has been tremendous amount of fraud so we have got to try and we have a chance,” Gohmert said.

With Gohmert’s planned objection and the announcement today made by Sen. Josh Hawley (R-MO) that he will object to the certification of electoral votes as well, it is all but certain there will be at least a short delay in formalizing President-elect Biden’s win. Following objections in the House and Senate, a floor debate will be held followed by a vote in each chamber.

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