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Last-ditch lawsuit arguing Pence has ‘sole discretion’ to select electors thrown out

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A lawsuit arguing Vice President Mike Pence has the “sole discretion” to name which electoral votes are valid was thrown out of court Friday by a Trump-appointed judge.

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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Ranking GOP Member Exposes Pelosi’s Obstruction to Jan 6 Security Records

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As the one year anniversary of the January 6th riots on the U.S. Capitol approach, more information comes to light, particularly with regard to Democrats’ desperate attempts to prove something sinister was planned.

However, Ranking Member for the House Administration Committee Rodney Davis (R-IL) has unveiled new evidence that Pelosi is obstructing access to records relating to the security preparedness of the Capitol on that infamous day.

Davis wrote a letter to speaker Pelosi on January 3, 2022 laying out the timeline as proof for his accusations against Pelosi’s obstruction:

“In the immediate aftermath of January 6th, Republicans began an examination of the Capitol’s security vulnerabilities. On January 13, 2021, as the Ranking Republican Member of the House Administration Committee, I sent letters to the Acting House Sergeant-at-Arms, the House Chief Administrative Officer, and the Acting Chief of the U.S. Capitol Police (USCP) asking them to preserve all records relating to January 6th” the letter states.

“Although the USCP immediately complied with my request to preserve and produce relevant documents, the House Sergeant-at-Arms and Chief Administrative Officer—the two House officers who report directly to you—responded jointly that they were ‘unable to comply with the request at this time.’ Now, nearly a year after this request, the House Sergeant-at-Arms and Chief Administrative Officer have yet to comply with my request.”

“Mr. Irving’s attorneys informed the Senate that ‘the relevant records are the property of the U.S. House of Representatives, and we have therefore referred the Senators’ request for records to the House Office of General Counsel for transmission to the appropriate House officials.’”

“I subsequently wrote to Douglas Letter, the House General Counsel appointed by and responsible to you, to request that he produce Mr. Irving’s communications. However, like the other two House officers who report directly to you, Mr. Letter has not complied—or even responded—to my request for Mr. Irving’s records.”

“Republicans again sought relevant records from House Sergeant-at-Arms and the House Chief Administrative Officer in March 2021 and, once again, the House officers who report to you ignored our requests. At that time, as various federal entities began to produce January 6 material to several House committees, Republicans made requests—including to the House Sergeant-at- Arms and the House Chief Administrative Officer—that all such material be shared equally with Democrats and Republicans. Both the Sergeant-at-Arms and the Chief Administrative Officer failed to produce any documents to Republicans pursuant to our requests, suggesting that these House officers may be providing documents only to Democrats on a partisan basis.”

“As Speaker of the House, you are the most senior elected official in the House of Representatives and therefore ultimately responsible for all House operations, not just those of your party. You appoint all House officers, who serve at your pleasure. You yield enormous institutional power over how Congress operates, including the security posture of the Capitol complex.”

“There is irony in the fact that at the same time House Democrats are holding witnesses in criminal contempt of Congress for raising genuine questions of legal privilege, you continue to obstruct Republican access to House records relating to the security preparedness of the Capitol complex on January 6th, 2021. This double standard only adds to the evidence that Democrats are weaponizing events of January 6th against their political adversaries.”

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