Pence sued to give him ‘exclusive authority’ during Jan. 6 congressional joint session

by Jon Fleetwood | ​December 28, 2020

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There is another path for a Donald Trump election win.


Today, Texas Republican Rep. Louie Gohmert sued Vice President Mike Pence in order to overturn the 2020 presidential election.


The suit asks to grant Pence “exclusive authority” and “sole discretion” over the certifying the Electoral College votes, which Joe Biden has accrued the majority of thus far.

Gohmert argues that because competing electors in several states cast votes for President Trump, Pence gets to decide which votes are legitimate per the 12th Amendment of the United States Constitution.


 In such a contested election, the Constitution requires VP Pence to send the decision to the House.


“Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,” wrote Gohmert’s attorneys. “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.”

Many Republicans believe this is good news.


The plan to object to the Elector College vote during the Jan. 6 Congressional joint session and overturn the election results is being led by US Congressman Mo Brooks (R) from Alabama.


Brooks told CNN that he was confident the Senate would support the House. “I believe we have multiple senators and the question is not if but how many,” he said.


At least six Republican senators have expressed they might join the objection: Sens. Hawley (R-Mo.), Cruz (R-Tx.), Paul (R-Ky.), Loeffler (R-Ga.), Johnson (R-Ala.), Tuberville (R-Ala.).

If enough battlegrounds states’ results are thrown by this objection process, neither Trump nor Biden would have the 270 electoral votes necessary to win the Electoral College. The House would then pick the president.


At that point, each state will get one vote, which is based on which party (Republican or Democrat) controls the state’s House.


This means that Republicans will choose the next president because they control 26 state Houses, according to Brooks.

According to the Washington Examiner, Gohmert filed the suit in the Eastern District of Texas, alongside the entire delegation of Trump's so-called shadow electors in Arizona.


Rick Hasen, a professor of Law and Political Science at the University of California-Irvine, said that Gohmert's effort is a long shot.


"This won't work," he tweeted.


Gohmert, along with 17 other Republican House members, in December announced their intention to challenge the Jan. 6 congressional election certification. Trump has supported that effort and encouraged people to take to the streets on that date to voice their opposition, reports the Washington Examiner.


On Sunday, President Trump gestured he may have the support needed to force that vote. “See you in Washington D.C. on January 6, don’t miss it,” he stated.