Pence Seeks Dismissal of Electoral College Lawsuit

Pence Seeks Dismissal of Electoral College Lawsuit”

He has 306 electoral votes from the states, against 232 to Trump. The Republicans' beef isn't with the vice president, he said, but with Congress. It takes 270 electoral votes to win the presidency.

The Justice Department has asked a federal judge to dismiss a last-gasp lawsuit led by a House Republican 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.

Rhode Island Sen. Jack Reed, the top Democrat on the Senate Armed Services Committee, called Trump's December 23 veto a "parting gift" to Russian President Vladimir Putin "and a lump of coal for our troops".

Alan Kennedy, an attorney and University of Colorado lecturer, called the lawsuit "yet another frivolous lawsuit filed by supporters of President Trump and Vice President Pence without merit or any evidence of the alleged 'wide-spread election fraud'".

U.S. District Court Judge Jeremy Kernodle, who is a Trump appointee, now has not scheduled a hearing in the case. In a court filing in Texas on Wednesday, the department said Rep. Louie Gohmert, R-Texas, and a group of Republican electors from Arizona "have sued the wrong defendant" - if, in fact, any of those suing actually have "a judicially cognizable claim".

"By contrast, a suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction", DOJ lawyers said.

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Despite Hawley's challenge, senior Republican senators have said Biden's victory will stand in the Republican-controlled Senate.

But there was no response because Hawley was a no-show, the Republicans said.

"Most people realize that if nobody gets to 270, or nobody gets to whatever the definition of a majority of the electors chosen turns out to be, then it goes to the House, but the House votes by state", Rick Green, the founder of Patriot Academy, told The Epoch Times.

Sen. Pat Toomey, R-Pa., who has acknowledged Biden's victory and defended his state's elections systems as valid and accurate, spoke up on the call, objecting to those challenging Pennsylvania's results and making clear he disagrees with Hawley's plan to contest the result, his office said in a statement. At least one senator is needed to sustain a challenge. In essence, lawmakers would be forced to choose between the will of the outgoing president and that of the voters. For these reasons, I will follow the same practice Democrat members of Congress have in years past and object during the certification process on January 6 to raise these critical issues.

"Defendant Pence's constitutional and statutory role is limited to the ministerial task of opening electoral vote certificates, calling for any objections by members of Congress, announcing results of votes on such objections, and announcing final electoral votes results".

Jen Psaki, speaking for the Biden transition team, dismissed Hawley's move as "antics" that will have no bearing on Biden being sworn in on January 20.

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