Judge Jeremy Kernoudale of Eastern Texas said Friday that Gohart and the others lacked the capacity to file a case. In a lawsuit late Friday, Gomert and other plaintiffs filed a notice of appeal to the Fifth Circuit of the U.S. Court of Appeals.
Gomart’s lawsuit was part of the Republican Party’s desperate and unusual attempt to overturn the presidential election, using baseless and unproven allegations of mass voter fraud and accusing several of the winning states President-elect Joe Biden had unlawfully changed voting rules due to the pandemic.
These arguments have failed dozens of times in state and federal courts over the past two months.
Gommert and a list of potential Trump voters from Arizona said that only Pence can determine the important electoral votes – a notable argument that vice presidents can directly determine the winner of the presidential election, regardless of the results.
Kernodel, who was nominated by Trump and confirmed in the Senate by voice vote in 2018, wrote that Gomert “is most likely alleging institutional damage to the House of Representatives. Under the authority of the well-compromised Supreme Court, this is insufficient to support the position.”
As for the group of Arizona Republicans, who claimed that Biden’s voters in the state were illegally accredited, Kernodel wrote that they “are claiming an injury that cannot be fairly attributable to the defendant, the Vice President of the United States, and is unlikely to have been corrected from During relief required. ”
Kernodle does not go into the constitutionality of the electoral count law or the ceremonial role of Pence in overseeing the certification process in his 13-page opinion.
“The lawsuit to prove that the vice president has discretion over the charge against the vice president is an easy legal contradiction,” Pence said.
“Ironically, Representative Gomert’s position, if adopted by the court, would effectively deny him his opportunity as a member of the House of Representatives under the Electoral Counting Act to present objections to the electoral vote count, then debate and vote on it,” Pence’s file was added.
There were no credible allegations of any problems with voting that would affect the elections, as confirmed by dozens of state and federal courts, governors, state election officials, and the Ministries of Homeland Security and Justice.
The Justice Department gave the White House an alert earlier this week that a penny file was coming, according to a person familiar with the matter. A word was sent to Chief of Staff Mark Meadows that the department would ask the judge to dismiss the lawsuit. White House Counselor Pat Cipollon also knew it was coming.
It is unclear if Trump, still angered by the Justice Department for its perceived inaction on voter fraud, has informed himself. He showed an interest in the role of Pence during the January 6 proceedings, although Pence and others in the White House tried to explain to him that it was just a ceremonial position.
House General Counsel, Doug Leiter, submitted a friendly note to the court on Thursday, demanding that Gommert’s case be dismissed, describing it as a “radical departure from our constitutional procedures and consistent legislative practices.”
“Basically, this litigation seeks to enlist the federal courts in a belated and unfounded attack on long-term constitutional processes to confirm the results of the national elections for the presidency,” wrote the House Prosecutor.
The Trump campaign also continues to pursue the same unfounded and unfounded allegations of voter fraud in the Supreme Court. Twice this week, she asked the court to annul Biden’s win in Wisconsin. Other cases from the president and his allies looking to undo Biden’s victories in Pennsylvania, Georgia, Michigan, Wisconsin and Arizona hang on the court’s agenda.
This story has been updated with additional information.
CNN’s Morgan Reimer contributed to this report.