Trump-appointed federal judge throws out lawsuit seeking to empower Pence to overturn Biden’s election

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By Aiyeku Timothy

A federal judge, Jeremy Kernodle has thrown out a lawsuit filed by Republican Rep. Louie Gohmert to compel Vice President Mike Pence to alter how the Electoral College votes are counted on.

Rep. Louie Gohmert, R and 11 Arizona Republicans had submitted a suit to the judge asking him to issue an emergency injunction that purportedly would empower Pence to ignore the Electoral College votes from a handful of battleground states who have given Biden his margin of victory over President Donald Trump.

Jeremy Kernodle, who is a Trump appointee in U.S. Court for the Eastern District of Texas, in his ruling on Friday, described the case against Vice President Mike Pence “a walking legal contradiction.”

The Justice Department had on Friday, asked a federal judge to dismiss the last-gasp lawsuit that seeks to give Vice President Mike Pence the power to overturn the results of the presidential election won by Joe Biden when Congress formally counts the Electoral College votes next week.

“Setting aside Representative Gohmert’s claims — for which he clearly lacks standing — this case is simply another attempt by defeated Arizona electoral nominees to overturn the results of the popular vote in their state,” wrote Douglas Letter, general counsel for the House.

Pence, who is also the president of the Senate is to oversee the Wednesday session and declare the winner of the White House race after the Electoral College had confirmed Biden’s 306-232 victory over Donald Trump.

Legal experts argue that Gohmert’s claim conflicts Pence’s role, or the role of any vice president, to preside over the counting of the votes submitted by the Electoral College, not to judge which ones are valid or not.

However, Pence has shown no indication that he will entertain those objections or otherwise seek to overturn the election as his stand on the issue would be known next week.

This is another failed attempt by Donald Trump to discredit the outcome of the November poll and return to power for a second term as he has refused to concede defeat after failing through legal means.

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