There was never any doubt that the court was going to dismiss this lawsuit from the stupidest member of Congress on behalf of the Arizona
Republican Stupid Party, chaired by Kellli Ward.
The U.S. Justice Department filed a brief on behalf of Vice President Mike Pence in opposition to this ridiculous lawsuit. Pence seeks rejection of lawsuit that aimed to expand his power to overturn the election.
The court wasted little time in dismissing this ridiculous lawsuit. Federal Judge Dismisses Election Lawsuit Against Pence:
A federal judge on Friday dismissed a lawsuit led by President Trump’s allies in Congress that aimed to pressure Vice President Mike Pence to overturn the results of the election, dealing a blow to lawmakers’ last-ditch effort to challenge President-elect Joseph R. Biden Jr.’s victory.
Trump and his allies have now lost their 60th post-election lawsuit. They are 1-60. https://t.co/WrxPaPK1wa
— Marc E. Elias (@marceelias) January 2, 2021
🚨ALERT: Texas federal judge DISMISSES lawsuit challenging 2020 presidential election results over lack of standing.https://t.co/6yPfjFqn6K
— Democracy Docket (@DemocracyDocket) January 2, 2021
Judge Jeremy D. Kernodle of the Eastern District of Texas ruled that Republican lawmakers, led by Representative Louie Gohmert of Texas, lacked the proper standing to sue Mr. Pence in the matter. The lawsuit challenged the more than century-old law that governs the Electoral College process, in an attempt to expand an otherwise ceremonial role into one with the power to reject electoral votes that were cast for Mr. Biden.
As the presiding officer of the Senate, Mr. Pence has the responsibility of opening and tallying envelopes sent from each state and announcing their electoral results when Congress meets on Jan. 6 to certify Mr. Biden’s victory. Mr. Gohmert, along with his colleagues and electors in Arizona, had hoped that the lawsuit, filed on Sunday, could force Mr. Pence to take on an expanded role, opening the vice president up to pressure to invalidate the election results.
But Judge Kernodle, who was appointed by Mr. Trump, dashed those hopes on Friday, though Mr. Gohmert said in an interview with Newsmax that his lawyers would appeal.
Donald Trump continues to incite insurrection and sedition against the government the United States:
January 6th. See you in D.C. https://t.co/vynZTv9lHb
— Donald J. Trump (@realDonaldTrump) January 1, 2021
The president was unhappy when he learned that the Justice Department was representing Mr. Pence in a suit that his supporters had filed, and he reached out to the vice president on Friday morning to discuss it, three people briefed on the discussion said.
In their conversation, Mr. Trump expressed surprise about the development, even though the Justice Department followed proper procedure because Mr. Pence was being sued in his official capacity, according to one of the people briefed on the discussion. Mr. Trump was more vocal to advisers than to Mr. Pence about his frustrations over the Justice Department’s involvement.
Mr. Trump’s allies in Congress are mounting a doomed, last-minute effort to subvert the results of the election by objecting to the certification of key states’ electoral results when Congress meets to certify them, the final procedural step in affirming Mr. Biden’s victory. Their effort, led by Mr. Gohmert in the House and Josh Hawley of Missouri in the Senate, will force each chamber to debate the objections for up to two hours, followed by a vote on Mr. Biden’s victory.
With a majority of Republicans in the Senate expected to certify the election and with the House controlled by Democrats, the bid is destined to fail. But the process could ultimately put Mr. Pence in the agonizing position of declaring that Mr. Trump has lost the election.
Admitting reality is “agonizing”? Republicans are lost in a fantasy world of unreality.
Though Republicans in the Senate have met the gambit largely with reticence — and even open contempt — lawmakers in the House have flocked to support the effort. In the brief that Mr. Gohmert initially filed in federal court, he indicated that over 140 House Republicans intended to object to Mr. Biden’s victory.
Once again, Congress must invoke the 14th Amendment to disqualify these Republican traitors from holding elected office:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
But there has been no evidence of widespread impropriety, and former Attorney General William P. Barr has acknowledged that the Justice Department uncovered no such fraud that would have changed the outcome.
The Supreme Court and courts in at least eight critical states across the country have similarly rejected or dismissed challenges the Trump campaign has waged in an attempt to throw out the results of the election. Those challenges have not come close to overturning the results in a single state.
Donald Trump is a treasonous traitor to his country, just like the monuments to dead Confederate traitors he tried to preserve by vetoing the National Defense Authorization Act, which Congress overturned yesterday by a two-thirds vote. Senate Overrides Trump’s Veto of Defense Bill, Dealing a Legislative Blow.
UPDATE: WaPo’s Paul Waldman writes, Jan. 6 will be a glorious tribute to Trump’s failure:
This is a fitting end to the 2020 election: pointless, insincere, performative outrage, promising the eternally aggrieved GOP base a victory Trump can’t deliver, contemptuous of the majority of Americans, and propped up by Republicans whose opinion of their own voters could barely be lower.
When future students stroll through their virtual reality presentations on the Trump presidency, this will be another of those standout moments, to add to the horror of Charlottesville, the shame of Helsinki, the vulgar corruption of “Do us a favor though” and the shocking negligence of “One day, it’s like a miracle, it will disappear.” This, they’ll learn, was how the final door was shut on Trump’s attempt to steal the 2020 election.
[F]or Sen. Hawley, the doomed fight is the point, not the outcome. “Somebody has to stand up here,” he said in an appearance on Fox News. “You’ve got 74 million Americans who feel disenfranchised, who feel like their vote doesn’t matter.”
But this isn’t disenfranchisement. It’s called losing. The votes of Trump supporters mattered; it was just that there were fewer of them than votes for Joe Biden. That’s what happens in an election: One side loses, and if it was your side, it doesn’t mean you got cheated. It just means you lost.
But those voters “deserve to be heard,” Hawley says, as though the problem they have had is an insufficient opportunity to air their deranged conspiracy theories. Never have a group of people so ear-splittingly loud spent so long complaining that they’re being silenced.
No one seriously denies that the Republican base has utterly lost its mind; the only question is how shamelessly GOP politicians will pander to that lunacy. For Hawley, the limit has not yet been reached. But every once in a while someone admits the truth; as Sen. Ben Sasse (R-Neb.) wrote on Facebook, “When we talk in private, I haven’t heard a single Congressional Republican allege that the election results were fraudulent — not one. Instead, I hear them talk about their worries about how they will ‘look’ to President Trump’s most ardent supporters.”
And of course, to Trump himself. CNN reports that the president still seems to hold out hope that in the ceremony on Jan. 6 the entire election might be overturned and handed to him. In particular, he yearns for one last act of lickspittlery from the vice president, who acts as a kind of master of ceremonies for the receiving of the electoral votes:
Sources say Trump, before his vacation, brought the matter up to the vice president and has been “confused” as to why Pence can’t overturn the results of the election on January 6. Pence and White House aides have tried to explain to him that his role is more of a formality and he cannot unilaterally reject the electoral college votes.
But Trump still has faith in the power of chaos to give him what he wants. On Wednesday, he tweeted in all caps, “JANUARY SIXTH, SEE YOU IN DC!” to encourage his supporters to descend on the city for a protest. Perhaps he’s hoping that his good friends in the Proud Boys will once again rampage through the streets of the capital, starting fights and destroying property at Black churches.
Yet for all that, there is a silver lining to be found in this final act of the election. The point of rituals like the one that will take place at the Capitol on Jan. 6 is to demonstrate the power of the system under which we all live, to show us that it is larger than any one person or any one party.
That is the wall against which Trump will beat his tiny fists next week, with the help of Hawley and a few members of the House Chucklehead Caucus. For all the damage he has done to American institutions and all the systemic weaknesses he has revealed, this is one place where Trump will fail spectacularly. The ceremony will be the sight not of his deliverance but his abject defeat.
So bring it on, Mr. President, and Sen. Hawley, too. Take your spectacle of sore loserdom to the floor. Show us how pathetic you are, one more time. We’ll all watch while you make a last attempt to bend the system to your crude and selfish will. At a time of so much misery and despair, the sound of that gavel banging down will give us something to feel good about.
UPDATE: The Fifth Circuit Court of Appeals has rejected Rep. Gohmert’s emergency petition. The courts are done with this “GOP Clown Car Coup.” Politico reports, Federal appeals court tosses Gohmert suit aimed at overturning 2020 election results:
A federal appeals court has thrown out GOP Rep. Louie Gohmert’s last-ditch attempt to subvert President-elect Joe Biden’s victory, his second rejection in two days in the Texas lawmaker’s attempt to empower Vice President Mike Pence to overturn the results.
The 5th Circuit Court of Appeals gave very short shrift to Gohmert’s legal effort, dismissing it summarily in a one-paragraph opinion issued Saturday evening.
The unsigned decision noted the district court’s ruling that Gohmert and 11 Arizona Republicans — who would have been electors for President Donald Trump — lacked legal standing to pursue the case.
“We need say no more, and we affirm the judgment essentially for the reasons stated by the district court,” the appeals court panel wrote. “We express no view on the underlying merits or on what putative party, if any, might have standing.”
The judges who rejected Gohmert’s appeal were all Republican appointees. The panel included Reagan appointees Patrick Higginbottom and Jerry Smith, as well as Trump appointee Andrew Oldham.
Gohmert’s next stop, if he attempts it, is likely the Supreme Court, which has been reticent to wade into Trump’s flailing legal gambits to salvage his presidency despite losing the election. He could also attempt to take the fight to the full bench of the Fifth Circuit Court of Appeals.
While many federal court appeals take months or even years to litigate, the 5th Circuit disposed of this one in less than a day without even taking legal briefs from the parties.
And here is why the 14th Amendment, Section 3 must be invoked by Congress today with the seating of the new Congress:
Gohmert said in the interview that he still believed in the court system but that the rejection of his suit amounted to leaving those upset about the election with no recourse but street violence.
“Bottom line is, the court is saying, ‘we’re not going to touch this, you have no remedy,’” Gohmert said. “Basically, in effect, the ruling would be that you’ve got to go to the streets and be as violent as antifa and BLM.”
This assclown is a sack of shit in a suit.