The final chance to keep Donald J. Trump as president may have ended on Friday night in a Tyler court.
United States District Judge Jeremy D. Kernodle ruled 性视界传媒渘either Congressman (Louie) Gohmert, nor the nominee-electors have standing here ... the court therefore DISMISSES the case without prejudice.性视界传媒
Gohmert, R-Tyler, was attempting to have Vice President Mike Pence cast a vote to keep Trump as president despite the Electoral College and popular vote victory by challenger Joe Biden (302 to 232 electoral votes).
Gohmert was filing with several Republican party officials in Arizona, as they feel the voting was not accurate. However, the judge said the votes were 性视界传媒渃ertified性视界传媒 and said Pence is not responsible in this lawsuit.
The 13-page decision filed in the United States District Court for the Eastern District of Texas, Tyler Division was made by a Trump-appointed judge. Kernodle was nominated to his position by President Trump on Jan. 23, 2018, and was confirmed by the Senate later that year in October.
Friday afternoon, Pence requested the court性视界传媒檚 denial of Gohmert性视界传媒檚 lawsuit, as Gohmert and fellow plaintiffs stated the U.S. Constitution, 性视界传媒渆mpowered the vice president to take control of the proceeding and resolve disputes性视界传媒 and the relief sought by the plaintiffs is 性视界传媒渆asily crafted.性视界传媒
Gohmert stated when a dispute arises regarding the electors, the vice president, as the president of the U.S. Senate, shall determine a solution.
The reason Kernodle was asking for responses from Pence and Gohmert on New Year性视界传媒檚 Eve and New Year性视界传媒檚 Day was because the deadline to certify the election is Jan. 6. Gohmert felt it was still possible for the federal court to address the constitutionality of the Electoral Count Act and its application to the 2020 election.
In Pence性视界传媒檚 filing on Thursday, his counsel called Gohmert性视界传媒檚 lawsuit an attempt to give the vice president discretion over the electoral count and he said that attempt is a 性视界传媒渨alking legal contradiction.性视界传媒
Pence requested a denial of the plaintiffs性视界传媒 emergency request for relief because the 性视界传媒減laintiffs性视界传媒 request does not properly lie against the vice president,性视界传媒 citing the Senate and House of Representatives as the proper defendants in the case.
In response, Gohmert said the plaintiffs are seeking declaratory and injunctive relief against an unconstitutional statute, which they say is the Electoral Count Act of 1887.
Regarding the 性视界传媒渨alking legal contradiction性视界传媒 comment, Gohmert said Pence is the presiding officer who will use the Twelfth Amendment or the Electoral Count Act; therefore, Pence is 性视界传媒渁n entirely reasonable person to seek to enjoin性视界传媒 in the lawsuit.
Gohmert also asked that the court allow the plaintiffs to amend its complaints and list other defendants, such as the House and Senate parliamentarians or the United States, if needed.
Also in Friday性视界传媒檚 filing, Gohmert and the others claimed non-legislative actors in contested states 性视界传媒渟ystematically eroded ballot-integrity measures like signature or witness requirements and registration or mail-in deadlines性视界传媒 to a point, where the plaintiffs say a state could not determine a winner because 性视界传媒渓egal (votes) have been commingled with illegal ones.性视界传媒
Prior to filing his reply, Gohmert and the plaintiffs requested an hour delay and cited their counsel encountering 性视界传媒渘umerous technical incompatibilities in the software versions between Google Docs and Microsoft Word resulting in editing difficulties and text problems.性视界传媒
