U.S. District Court Dismisses Lawsuit Filed by Congressman Louie Gohmert and the Arizona Republican Party Candidates for Presidential Elector

On January 1, U.S. District Court Judge Jeremy D. Kernodle, a Trump appointee, dismissed the lawsuit Gohmert v Pence, e.d. of Texas, 6:20cv-660. This is the lawsuit filed on December 27 by a Republican Congressman from Texas, Louie Gohmert, and the Arizona Republican candidates for presidential elector. They argued that the federal 1887 “Electoral Count Law” is unconstitutional, and that the Vice-President, as presiding officer of the U.S. Senate when the electoral votes are counted, has the authority to reject any state’s electoral votes.

Here is the 13-page opinion. It says that neither Congressman Gohmert, nor the Republican Arizona candidates for presidential elector, have standing. It also says that if the Republican candidates for presidential elector did have standing, their lawsuit would still fail, because to the extent they are complaining about not being seated in the electoral college, Vice-President Pence doesn’t have the power to seat them. Even under the theory of the lawsuit, all Vice-President Pence could do is reject electoral votes, not add any new ones. Thanks to Thomas Jones for the news.

On January 2, in the middle of the night, the plaintiffs filed a notice of appeal.


Comments

U.S. District Court Dismisses Lawsuit Filed by Congressman Louie Gohmert and the Arizona Republican Party Candidates for Presidential Elector — 32 Comments

  1. 1887 EC law is facially UN-const — in USA Code, Title 3

    NOOOO judicial power in Congress hacks to rule on legality of 12 AMDT EC elections.

    What person(s) do have standing ———–

    Prez-VP candidates / Prez-VP 12 Amdt EC electors / States / VP [as Prez of Senate] ???

    SCOTUS clerks on HIGH alert — emergency cert to bypass USA Ct App ???

    Stay tuned 24/7 now to at least noon 20 Jan 2021.

  2. Hopefully the supreme court will do the right thing, take the case and rule in favor of Gohmert. And hopefully Pence will do the right thing and put an end to the Chinese election theft. If not, we’re looking at another war between the States here, which the Trump states will win.

  3. CNN is fake news. Even the media bias website gives them a mixed rating. Demo Rep posting more nonsense again.

  4. If you take away all the votes of those illegals in this country that voted Joe Biden would still win.

  5. Nothing in the Constitution supports such a fantasy. If anything, the Electoral Count Law enhanced the Constitution by providing a specified procedure for the actual counting, which the Constitution did not.

  6. But, you know what the real problem is? The President is just way too powerful. Too many people in both major parties find it intolerable whenever someone from the other party is President. This should have been obvious as soon as the John Adams administration.

    What should be considered is switching to a Swiss style joint executive. The Swiss elect a seven member executive Federal Council. Every year they rotate the President of the Council among the members.

  7. Way too much copying of Brit stuff in 1775-1789 re govt structures —
    NOW super-dangerous for NON-trolls/morons.

    NONPARTISAN execs — ONE year terms — can not hold office in next term.

    Also elect USA AG, SOS, Marshals and DAs — all to watch each other and be ***independent*** — NOT stooge hacks of a Prez.

    NOOO SOP violations.

  8. Trump will end up winning either way, as he always does, but I’m praying that the Supreme Court and Mike Pence do the right thing here so it doesn’t have to be due to another bloody war between the States.

  9. According to Yahoo news:

    https://news.yahoo.com/gop-torn-over-trumps-electoral-051020331.html

    In a court filing in Texas, the department said they have “have sued the wrong defendant” and Pence should not be the target of the legal action.

    “A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” the department argues.

    A judge in Texas dismissed the Gohmert lawsuit Friday night. U.S. District Judge Jeremy Kernodle, a Trump appointee, wrote that the plaintiffs “allege an injury that is not fairly traceable” to Pence, “and is unlikely to be redressed by the requested relief.”

    These wackos are making up nonsense as they go along. Fortunately, the judges (some of whom Trump appointed) are having none of it.

  10. If you actually read the Gohmert legal filing which thanks to this site I did, they’re not making up anything and it makes perfect sense. I’m not in favor of it because I want Trump to stay President. He’s staying either way. I’m in favor of it because I hope it can happen without a bloody war that may kill hundreds of thousands or millions. This may be our last chance to avoid that war. But don’t get me wrong, that many or more traitors will still be executed once we win. That will happen regardless.

  11. “When arrests for treason begin, put Chief Justice John Roberts, VP Mike Pence, and Mitch McConnell at top of the list.”–L. Lin Wood.

    “If Pence is arrested, Pompeo will save the election. Pence will be in jail awaiting trial for treason. He will face execution by firing squad. He is a coward and will sing like a bird and confess ALL.”–L. Lin Wood, Jan 1, 2021.

    Arrest L. Lin Wood. Disbar him. Lock him up. Solitary confinement. Consecutive sentencing, multiple counts. And…force lithium. If Wood gets away with these kinds of statements, then NO threats against the sitting Executive can ever be tried subsequent to permitting this kind of outrage.

  12. USA knows how to deal with lawless tyrants, domestic and foreign —

    See DOOM of slave regimes in 1861-1866.

    See DOOM of Central Powers in WW I.

    See DOOM of Axis Powers in WW II.

    esp War Crimes cases after WW II — and HANGING until D-E-A-D of top killers/enslavers.

    ANY 100 + year olde apologists still defending such killers/enslavers ???

    Mere 18 days to E-N-D of lawless killer Trump regime — esp overseas murders — UN-declared acts of war.
    —–
    PR and APPV
    TOTSOP

  13. FW – Trump will likely pardon Wood and other pro-Trump felons before noon 20 Jan 2021.

    State legis too evil stupid/suicidal unable to use Art V to demand TOTAL Separation Of Powers in USA regime — and ALL state regimes ???

    ALL Congress and judic folks armed to the max now to such noon 20 Jan 2021 ???

    ALL USA military and Militia units and state/local cops on H-I-G-H alert — to deal with ANY tyrant machination ???

  14. Lin Wood may well be right. We’ll find out in less than a week. However it plays out, one thing is for sure, Trump will still be our President a year from now, and 4 years from now. I believe the 22nd amendment will re repealed and he won’t be on his way out at that point either.

  15. All these alleged “patriot” Trump-pet-istas cry for term limits; wail for states rights; sob against federal overreach…and yet here they demand the federal bench strip state electoral rights and disfranchise millions voters…based entirely upon the baseless Machiavellian ambitions of a blowhard carney hustler named Trump.

    Nepotism and aristocracy–yeah boy! What a “winning” governmental combination! Why, every American should desire neo-feudalism and jeddart justice.

    Trump’s road leads to bitterness, bile, resentment…and nothing more. You can tee-hee-hee all you will, but those calling for bloodshed (as [Fill in the Blank] has indisputably done multiple times) are absolute careless idiots, striking matches at a filling station. Fun…until it ain’t.

  16. Goodness only knows why witless Floyd aka Jane calls me fill in the blank. You’ll have to fill in your own blank, Jane, I’m happily married and you’re not my type anyway. I really don’t like them wide, gaping, hairy and so stinky that you can smell them from the other room like a sewer backing up. Seriously I have no idea why he calls me that, but I don’t care.

    Despite what Jane says, it’s those like him/her/it who argue in favor of the Chinese backed Biden attempt to steal the election who want to disenfranchise tens of millions of LEGITIMATE voters. As for bloodshed I’m against it. I do predict it will happen though, unless the Gohmert gamble works. That’s why I’m hoping it does in fact work. I also predict that TRUMP will win either way. As for the bloodshed of executing traitors, that is not the same as killing the innocent. It will save many more lives in the long run, so what has to be done must be done. Unlike the traitors, who revel in their plans for global depopulation and their ritual sacrifice of millions of innocent babies and children, I don’t take pleasure in the fact that they have to be exposed, put before military tribunals and firing squads.

  17. Abortionist Floyd Whitley is assisting in the abortion of the nation. The Democrats have already disenfranchised millions of Americans and destroyed faith in our institutions and yet the abortionist thinks we should just let it slide. Fuck you and fuck your fraud.

  18. MORON low low low IQ brains love moron killer monarchs [who should be in nuthouses or jails] –

    see lovers of Stalin, Hitler, Mao, etc. — primitive made for each other.
    —-
    for NON-morons
    PR and APPV
    TOTSOP

  19. I knew Demo Rep loved Hilter! He also mentions his obsession with non existent purge lists.

  20. Lamo fap is confused and has no idea what he’s babbling about (but what else is new). Which motion would be out of order?

  21. J and the rest of the world will see the MORON motion by Hawley, Cruz etc. on 6 Jan 2021

    — likely on ALL major TV networks and websites – to record their moronity forever.

    Might also be some yelling of ***COME to ORDER*** by Biden Sens/Reps before Pence acts.

    See olde Robert’s Rules and USA Congress rules for Joint Meetings of Senate and H Reps.

    Too many Rules of Order MORONS to count in 2021 ???

  22. Demo Rep has a low IQ, so he just admitted he loves Stalin Hitler and Mao! Demo Rep loves dictator murderers!

  23. Those 11 Senators and hopefully more are the only thing standing between us and war, along with at least 140 members of the House. Demo dem once again shows his communist hypocrisy. The 1887 act that was the subject of the Gohmert lawsuit calls for the right of any member of the Senate along with any member of the House to challenge any state’s electors. You can’t very well call for upholding that unconstitutional law and at the same time call for those objections to be ruled out of order. Much like demo dem saying states are arbitrary gerrymanders and at the same time saying they are nation states he is again contradicting himself here. He must really think we really are all morons, to buy that moronic trolling shit pretzel he’s trying to sell.

  24. 1887 *law* — blatantly UN-constitutional.

    NOOOO judicial power in gerrymander Congress to rule on legality of EC votes.

    compare with 1-5-1 – due to Brit monarchs and their appointed hack judges controlling the Brit House of Commons for centuries UNTIL 1600s — a MAJOR SOP violation — gerrymander party hacks ruling on gerrymander party hack elections.

  25. New Gerrymander Congress meets today.

    Some drama about RED commie Pelosi as Speaker in USA H Reps.

    NOT sure how many Rep moron Donkeys will join Biden regime —

    with special elections drama for months.

    Same olde RED commie bills to take over the USA in the gerrymander H Reps.

    ALL depends on GA 2 Sens vote on Tues ???

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