The case, led by Rep. Louie Gohmert (R-TX) along with several representatives from Arizona, was a last minute effort to give President Trump a path to staying in the White House. U.S. District Judge Jeremy Kernodle, however, threw the suit out claiming the plaintiffs lacked standings.
An appeal has been filed with the Fifth Circuit Court of Appeals.
The case claimed that the Electoral Count Act of 1887 violates the 12th Amendment, according to the Daily Wire. The case argued Pence has the sole authority to deem which electors are valid and which will cast their vote for president. In the case of two or more dueling electors, the now-appealed case was one of the strongest remaining paths for President Trump to win the highly-contested and fraud-saturated election.
As previously reported by SaraACarter.com, “Under current law, the Vice President’s role in certifying the electoral college results is one that is more symbolic. However, this lawsuit seeks to make that role one that is more active and can contest the results over allegations of widespread voter fraud in many key swing states.”
“[P]rovisions of Section 15 of the Electoral Count Act are unconstitutional insofar as they establish procedures for determining which of two or more competing slates of Presidential Electors for a given State are to be counted in the Electoral College, or how objections to a proffered slate are adjudicated, that violate the Twelfth Amendment,” the lawsuit reads, as reported by the Daily Wire.
“This violation occurs because the Electoral Count Act directs the Defendant, Vice President Michael R. Pence, in his capacity as President of the Senate and Presiding Officer over the January 6, 2021 Joint Session of Congress: (1) to count the electoral votes for a State that have been appointed in violation of the Electors Clause; (2) limits or eliminates his exclusive authority and sole discretion under the Twelfth Amendment to determine which slates of electors for a State, or neither, may be counted; and (3) replaces the Twelfth Amendment’s dispute resolution procedure – under which the House of Representatives has sole authority to choose the President,” the lawsuit reads.
Whether the Court of Appeals will see the suit as legal and having a solid argument, will be announced in the coming days.
You can follow Ben Wilson on Twitter @BenDavisWilson
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Biden impeachment hearing to begin this week, GOP announces first witnesses
The House Overusing Committee is holding the first impeachment hearing into President Joe Biden this Thursday and has announced the first three interview witnesses. The impeachment process will assess whether then Vice President Joe Biden received a bribe from a Ukrainian businessman to change the outcome of U.S. policy.
The committee announced three witnesses, including George Washington University Law Professor Jonathan Turley, former Assistant Attorney General, United States Department of Justice Tax Division Eileen O’Connor, and forensic accountant Bruce Dubinsky.
“Since January, House Committees on Oversight and Accountability, Judiciary, and Ways and Means have uncovered an overwhelming amount of evidence showing President Joe Biden abused his public office for his family’s financial gain,” said Oversight Chairman James Comer (R-KY) who also made the following lengthy statements:
“Thousands of pages of financial records, emails, texts, testimony from credible IRS whistleblowers, and a transcribed interview with Biden family business associate Devon Archer all reveal that Joe Biden allowed his family to sell him as ‘the brand’ around the world to enrich the Biden family. Joe Biden showed up on at least two dozen occasions to send signals of access, influence, and power to those who were paying the Bidens.”
“Based on the evidence, Congress has a duty to open an impeachment inquiry into President Biden’s corruption. Americans demand and deserve answers, transparency, and accountability for this abuse of public office…This week, the House Oversight Committee will present evidence uncovered to date and hear from legal and financial experts about crimes the Bidens may have committed as they brought in millions at the expense of U.S. interests.”
Just The News reports: Prompting the impeachment inquiry is an unclassified FD-1023 form that contains confidential human source information outlining an alleged bribery effort. The tip describes an arrangement in which Burisma CEO Mykola Zlochevsky allegedly hired Hunter Biden to secure access to his father, upon whom he leaned to secure the firing of then-Ukrainian Prosecutor General Viktor Shokin, who was investigating the firm.
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