VP Pence asks court to reject Gohmert lawsuit

VP Pence asks court to reject Gohmert lawsuit
Lawyers for Vice President Mike Pence (above, center left) have requested a federal judge in Tyler throw out a lawsuit filed against him by U.S. Rep. Louie Gohmert (R-Tyler). (Source: Foto AP / Manuel Balce Ceneta)

TYLER, Texas (KLTV) - Lawyers for Vice President Mike Pence have asked a federal judge to reject the lawsuit filed against Pence by U.S. Rep. Louie Gohmert (R-Tyler).

The response, which District Judge Jeremy Kernodle requested be submitted no later than 5 p.m. today, states the lawsuit is essentially meaningless, as it is leveled against the wrong party while also conjuring hypothetical situations which cannot be addressed in court. More specifically, the response states that Gohmert and his fellow plaintiffs should instead have focused their suit on the House of Representatives and the Senate.

“The Vice President—the only defendant in this case—is ironically the very person whose power they seek to promote. The Senate and the House, not the Vice President, have legal interests that are sufficiently adverse to plaintiffs to ground a case or controversy under Article III,” the response states.

Pence’s counsel has specifically requested that injunctive relief then be denied.

“Plaintiffs also have not established that they are entitled to the extraordinary relief of an injunction against the Vice President,” the response states. “Plaintiffs have made no allegation that the Vice President would refuse to respect a declaratory judgment issued against him. The extraordinary remedy of an injunction is accordingly unnecessary and inappropriate in this case.”

Earlier this week it was reported that Gohmert 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, even with the apparent rejection of this suit by Pence, the stated intent by Gohmert and Sen. Josh Hawley (R-MO) to object to the Jan. 6 certification of electoral votes means 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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