Rep. Louie Gohmert (R-Texas) on Friday, Jan. 1, responded to a federal judge who rejected a lawsuit filed by him and other Republicans against Vice President Mike Pence over the Electoral College vote count. 

Pence is set to preside over a joint session of Congress on Jan. 6 to formalize the results of the 2020 presidential election. Gohmert and others filed the lawsuit on Dec. 27, 2020, arguing that under the Constitution, “Pence has the authority to conduct that proceeding as he sees fit. He may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.”

Republican electors in seven crucial swing states had cast alternative slates of votes for President Donald Trump on Dec. 14, citing allegations and evidence of election fraud. They outlined in the lawsuit the protocol for when alternate slates of electors are presented to the president of the Senate and added that the 12th Amendment of the Constitution “unequivocally entrusts to him [Pence] all the prerogatives and rights to determine what electoral votes to count.”

Pence told the court on Thursday that he was not a proper defendant to the suit. “A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” his attorney said in a filing.

On Friday, U.S. District Judge Jeremy Kernodle, a Trump appointee, said that the GOP plaintiffs lack standing to bring the legal action.

“Because neither Congressman Gohmert nor the nominee-electors have standing here, the court is without subject matter jurisdiction to address” their lawsuit, Kernodle wrote in his ruling. “The court therefore dismisses the case without prejudice.”

In an appearance on Newsmax Friday evening, Gohmert condemned the district court’s ruling that he lacks a legal right to sue in the case. 

“With regard to the standing issue, if a Member of Congress who is going to object to electors that were fraudulently sent there, and the state has sent two sets, and I don’t have standing to go to court,” said Gohmert. “If I don’t have standing to do that, nobody does. And if the appropriate defendant is not the Vice President, that under the Constitution has the power to make that determination, then there is none.”

Gohmert noted that no court has been willing to hear evidence of election fraud, but have instead almost exclusively tossed out cases based on issues of standing or other technical issues. 

“There still has not been one court, state or federal, that has had an evidentiary hearing and allowed the evidence of fraud to come in and be introduced.” he said, “So all this stuff about it being debunked, unsubstantiated, those are absolute lies.”

“I still believe in that system,” he said, adding that he hoped once lawmakers were presented with evidence of voter fraud, “people will come to the right conclusion.”

“If not, it will mean the end of our republic,” he asserted.

Gohmert said his team is planning to appeal the decision to the Fifth Circuit Court of Appeals. 

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