Judge Jeremy Kernodle of the Eastern District of Texas said Friday that Gohart and others lacked standing to sue. In a filing late Friday, Gohmert and other litigants filed a notice of appeal for the Fifth Circuit of the US Court of Appeals.
Gohmer’s lawsuit was part of a desperate and extravagant GOP effort to overturn the presidential election using allegations of widespread voter fraud and unbridled allegations that President-Elect Joe Biden won illegally in several states Were, because of the epidemic changed their voting rules.
Those arguments have failed dozens of times in state and federal courts over the past two months.
Gohmert and a slate of Arizona’s Trump electors had said that Pence could only decide what counted the electoral votes – a notable argument suggesting the Vice President could directly determine who wins the presidential election, the result. Regardless of.
Named by Trump in 2018 and confirmed by a voice vote in the Senate, Kernodle wrote that Gohmatt “alleges the most institutional injury to the House of Representatives. Under the authority of the Supreme Court, to support Joe Is insufficient. “
For a group of Arizona Republicans who claimed that Biden’s electors in the state were illegally certified, Kernel wrote that they “accuse him of an injury that is largely possible to the Vice President of the United States, and to defendants Is not, and is not likely to be. Redress by requested relief. ”
Kernodal does not find in his 13-page vote the Constitutionality of the Electoral Count Act or Pence’s formal role overseeing the certification process.
Pence stated, “(a) the suit is to establish that there is discretion on the count filed against the Vice President, it is a legal contradiction.”
“Ironically, if the position of Representative Gohmer to be adopted in the court by the delegate is actually to raise objections to the counting of electoral votes and then to debate and vote on them as members of the House under the Voter Count Act I will deprive myself of the opportunity. ”Pence’s filing.
There is no credible allegation of any issue with voting that affects the election, as confirmed by dozens of state and federal courts, governors, state election officials, and departments of Homeland Security and Justice.
The Justice Department told the White House earlier this week that Pence was filing, according to a person familiar with the matter. Word was sent to Chief of Staff Mark Meadows asking the department to dismiss the lawsuit. White House lawyer Pat Cipollon also knew it was coming.
It is unclear whether Trump, who remains raging in the Justice Department for alleged inaction over voter fraud, was himself informed. He has taken interest in Pence’s role during the January 6 proceedings, although Pence and others in the White House have tried to convince him that this is merely a formal position.
House General Counsel Doug Letter filed a brief with the court on Thursday, dismissing the Gohmer case, calling it “a radical departure from our constitutional processes and consistent legislative practices”.
The House Attorney wrote, “Below, this lawsuit is an attempt to recruit federal courts in a belated and meritless attack on long-standing constitutional procedures to confirm the results of a national election for president.”
The Trump campaign is continuing its search in the Supreme Court with the same unfounded and unproven voter fraud claims. Twice this week, the court asked Biden’s victory in Wisconsin to be overturned. Other cases of the president and his colleagues are pending in the court dock to see Biden’s victories in Pennsylvania, Georgia, Michigan, Wisconsin and Arizona.
This story has been updated with additional information.
CNN’s Morgan Rimmer contributed to this report.