A federal appeals court on Saturday overturned a lawsuit with Louie Gohmert seeking to extend Mike Pence’s authority, allowing him to reverse Joe Biden’s election victory.
Congress will meet Jan. 6 to confirm Biden’s influence on Donald Trump, and the president’s friends have tried a series of tricks to block the testimony.
Gohmert, a Republican convener for Texas, considered by the panel of three judges Saturday that they were not in a position to raise a lawsuit.
The panel was made up of Republican incumbents, including two judges tapped by former President Ronald Reagan and a Trump incumbent.
Louie Gohmert, a Texas Republican convener, is believed to take Mike Pence to overturn the election won by Joe Biden when Congress meets Jan. 6
Gohmert’s suit argued that Pence was allowed to decide which votes should count
They were largely supportive of the lower court ruling, which was filed Friday by U.S. District Judge Jeremy Kernodle, Trump’s spokesman, who said GOP planners had no standing.
Kernodle found that Gohmert did not suffer any legally known injuries, and that the other plaintiffs, a group of Arizona Republicans who identified themselves as another ‘slate’ of pro-Trump voters, could not. the wound they claimed to bind to a penny.
Kernodle found that they could not show that they suffered any ‘substantially systematic’ personal harm on Pence’s illegal conduct and, therefore, had no legal position to bring the case to fruition.
The ‘mandatory requirement’ helps to enforce the limited space of federal courts in our constitutional system. The problem for planners here is that they don’t stand, ’Kernodle wrote.
Following the decision, Gohmert told Newsmax: ‘But if the bottom line is, the court says,’ We’re not going to talk to this. You have no cure ‘- basically, of course, the rule is that you have to go to the streets and be as brutal as Antifa and BLM.’
After his remarks withdrew, Gohmert issued a statement saying that his words had been twisted, and that he was ‘deceived’ that he had been advocating for violence.
‘I am not motivated and vaguely I am not advocating for violence,’ he said. I have been advocating for the following and I am teaching the example of Dr. Martin Luther King, Jr. peaceful protest. ‘
‘That doesn’t stop me from recognizing what lies ahead when the institutions that created autonomous people to resolve disputes peacefully hide from their responsibilities,’ he continued.
‘Violence is not the answer. The appropriate response is courts and self-governing bodies resolving disputes as expected, ‘Gohmert pointed out.
Gohmert issued a statement denying that his remarks were a call for violence
Joe Biden, pictured on December 29, will be confirmed on January 6 and admitted on January 20
The suit was expected to be broken.
Trump has refused to accept the case of Democrat Biden and has falsely said that the election was marred by widespread fraud.
He and his friends have lost dozens of court attempts to reverse the election results.
Biden defeated Trump by a margin of 306-232 in the Electoral College and is expected to be sworn in on Jan. 20.
Gohmert’s suit argued that Pence was allowed to decide which votes should be counted.
They also asked the judge to prevent a penny from following the Electoral Counting Act of 1887, which sets out how Congress will handle complaints about votes.
Some Republicans have said they plan to go against the primary voter count next week in Congress.
A lawyer from the Department of Justice representing Pence on Thursday urged Kernodle to dismiss the lawsuit saying they sued the wrong person because they raised ‘several cases heavy legal system on how the presidential election votes are counted. ‘
‘The Senate and the House, not the Vice President, have legal interests that adversely affect planners in establishing an issue or controversy,’ Pence filed.
Pence chief executive Marc Short said in a statement Saturday that lawyers have a right to raise their grievances.
‘The Vice-President welcomes the efforts of members of the House and Senate to use their authority under the law to raise objections and present evidence before Congress and the American people air Jan. 6, ‘said Short.
Gohmert’s suit was denied on Friday, and the case was upheld by an appellate court on Saturday
On Saturday Ted Cruz, the Texas senator, and 10 other senators said they plan to vote to reject voters from states that have been at the heart of Trump ‘s unconfirmed statements about election scams.
They said Congress should immediately commission a commission to conduct a 10-day emergency review of election results in those states.
‘When finished, individual states would evaluate the commission’s findings and could convene a special legislative session to confirm a change in their vote, if necessary,’ he said.
It was not immediately clear which states would be subject to the proposed investigation, Cruz’s office said.
They accepted that their attempt was bound to fail.
‘We are not naive. We fully expect a majority if not all Democrats, and perhaps more than a few Republicans, to vote otherwise, ‘he said.
A number of Republican senators have said they will not support any attempt to cancel the Electoral College vote certificate.