Federal judge dismisses Gohmert’s lawsuit against VP Pence

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AUGUSTA, GA – DECEMBER 10: Vice President Mike Pence waves to the crowd as he arrives to a rally in support of Sen. David Purdue (R-GA) and Sen. Kelly Loeffler (R-GA) on December 10, 2020 in Augusta, Georgia. The “Defend the Majority” rally comes ahead of a January 5th runoff election for Purdue who is facing Democratic candidate Jon Ossoff. Loeffler was unable to attend the event. (Photo by Jessica McGowan/Getty Images)

TYLER, Texas (KETK) — A federal judge dismissed Texas Rep. Louie Gohmert’s lawsuit against Vice President Mike Pence Friday.

Jeremy Kernodle, a Trump-appointed federal judge in Tyler, stated “the Court lacks subject matter jurisdiction over this case and must dismiss the action.”

On Jan. 6, the vice president will preside over the joint session to certify the election results. Gohmert’s suit originally sought to give Pence the ability to “determine which electors’ votes, or whether none, shall be counted” when there is any objection to the slate of electors.

Kernodle stated that Pence’s anticipated actions on Jan. 6 will not impact the decision of Arizona Gov. Doug Ducey regarding the certification of electors, as that occurred more than two weeks ago on Dec. 14.

“Even ‘ratifying’ or ‘making lawful’ the Governor’s decision, as Plaintiffs argue will occur here, will not have any ‘coercive effect’ on Arizona’s certification of electoral votes,” Kernodle wrote.

Pence’s legal team had argued for the suit to be dismissed.

In a response filed Thursday, Pence’s team stated “The Vice President — the only defendant in this case — is ironically the very person whose power they seek to promote,” calling the suit “a walking legal contradiction.”

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