TYLER, Texas (KETK) – A federal judge in Tyler has given Vice President Mike Pence until the close of business on Thursday to respond to a lawsuit filed by East Texas Rep. Louie Gohmert in a long-shot bid to overturn the presidential election.
The lawsuit challenges how electoral college votes will be counted by Pence when he oversees a joint session of Congress on January 6. The lawsuit asserts that Pence, in his official capacity as vice president, should have the ability to “determine which electors’ votes, or whether none, shall be counted” when there is any objection to the slate of electors.
Gohmert filed the lawsuit with a group of Arizona Republican electors claiming that there was widespread fraud in multiple “Contested States”, despite no evidence found by state officials or cybersecurity experts. These states also included Georgia, Michigan, Pennsylvania, and Wisconsin.
Chris Krebs, the head of the Cybersecurity and Infrastructure Security Agency, said the election “was the most secure in American history.” He was later fired by President Trump for saying so.
Before filing the lawsuit, lawyers for Gohmert spoke to Pence’s legal team to try and resolve the dispute “by agreement” but that was not successful.
U.S. District Judge Jeremy Kernodle, a Trump appointee, has been asked by Gohmert to give a quick ruling by early next week so that they can appeal before the joint session on January 6. Kernodle has given Gohmert until Friday morning to respond with any additional filings.
Gohmert has said that he will object to the vote counting during the session in another attempt to turn the election for Trump. Trump last week retweeted a supporter who called on Pence to refuse to certify Biden’s win on January. 6.
The Trump campaign has filed dozens of lawsuits across multiple states to practically no avail. Most have been thrown out due to a lack of evidence, including by multiple judges appointed by Trump.
The Supreme Court, which currently has three Trump nominees, refused to hear a lawsuit brought by Texas Attorney General Ken Paxton challenging the results in Pennsylvania, Georgia, Michigan, and Wisconsin. The Court ruled that Texas had no standing in how these states run their elections.