Appeals court dismisses Gohmert case asking Pence to interfere in Electoral College vote count
The Saturday decision by the 5th US Circuit Court of Appeals came just hours after the Republican congressman filed his appeal of an earlier loss.
“We need say no more, and we affirm the judgment essentially for the reasons stated by the district court. We express no view on the underlying merits or on what putative party, if any, might have standing. The motion to expedite is dismissed as moot. The mandate shall issue forthwith,” read the ruling.
CNN has reached out to Gohmert for comment on the Saturday ruling.
Gohmert’s suit was part of the desperate and extraordinary GOP attempt to overturn the presidential election using baseless and unproven allegations of mass voter fraud and charging that multiple states that President-elect Joe Biden won illegally changed their voting rules due to the pandemic.
Gohmert and a slate of would-be Trump electors from Arizona had said only Pence could decide what electoral votes count — a remarkable argument suggesting vice presidents can directly determine who wins a presidential election, regardless of the results.
“(A) suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” Pence said.
“Ironically, Representative Gohmert’s position, if adopted by the Court, would actually deprive him of his opportunity as a Member of the House under the Electoral Count Act to raise objections to the counting of electoral votes, and then to debate and vote on them,” Pence’s filing added.
CNN has reached out to Pence for comment.
“A fair and credible audit—conducted expeditiously and completed well before January 20—would dramatically improve Americans’ faith in our electoral process and would significantly enhance the legitimacy of whoever becomes our next President. We owe that to the People,” the group of 11 GOP lawmakers said in a statement.
They added that Congress’ vote on January 6 is the “lone constitutional power remaining to consider and force resolution of the multiple allegations of serious voter fraud.”
There have been no credible allegations of any issues with voting that would have impacted the election, as affirmed by dozens of state and federal courts, governors, state election officials and the departments of Homeland Security and Justice.
CNN’s Jake Tapper, Lauren Fox and Veronica Stracqualursi contributed to this report.
