>>12270325
bottom line of gohmert, etal. lawsuit against pence
Civil Action No. 6:20-cv-00660-JDK
PLAINTIFFS’ REPLY IN SUPPORT OF EMERGENCY MOTION FOR EXPEDITED DECLARATORY JUDGMENT AND EMERGENCY INJUNCTIVE RELIEF
On January 6th, a joint session of Congress will convene to formally elect the President. The defendant, Vice-President Pence, will preside. Under the Constitution, he 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.
For over a century, the counting of elector votes and proclaiming the winner was a formality to which the prying eye of the media and those outside the halls of the government paid no attention. But not this time. Plaintiff Representative Gohmert, along with 140 of his Republican House colleagues have announced that they will object to the counting of state certified electors pledged to former Vice-President Biden1 because of the mounting and convincing evidence of voter fraud in key swing states whose combined electoral count change the election results.
The Court is now asked to rule on a pressing and critical question: which set of rules does Vice-President Pence follow when confronted by these objections? The rules set by the Constitution, or those in a simple statute, 3 USC 15, last updated in 1948 by a session of Congress long ago ended. Plaintiffs are not asking this Court to choose a winner of the presidential contest. Nor are Plaintiffs asking the Court to rule on whether there was pervasive fraud in the swing states that are subject to objection. Those are matters left to the January 6th joint session of Congress. The issue before this Court hinges on an obvious and elementary concept – that a federal statute cannot conflict or abrogate the United States Constitution.
link to filing:
https://t.co/YkmxzrhFGD?amp=1