A judge in Tyler Congressman Louie Gohmert’s lawsuit against Vice President Mike Pence has set a deadline for when Pence should respond to Gohmert and the other plaintiffs’ emergency request.
Gohmert’s lawsuit, which was filed Sunday, states certain parts of the 1887 federal law, Electoral Count Act, are unconstitutional, and the litigation claims election fraud. The lawsuit would be withdrawn if Pence (and Congress) appoints President Donald Trump as president for a second term.
Gohmert along with 12 other plaintiffs, who are all Arizona GOP elector officials, state in the lawsuit that Pence should have electors in Georgia, Michigan, Pennsylvania and Wisconsin to cast their electoral college votes for Trump instead of Biden.
On Tuesday, plaintiffs in the case requested a shortened time for response and a scheduling order from the judge.
On Wednesday, District Judge Jeremy D. Kernodle, of the United States District Court for the Eastern District of Texas in Tyler, set Pence’s counsel’s response due date as Thursday by 5 p.m. He also set Gohmert and the other plaintiffs’ reply due date as Friday by 9 a.m., according to court records.
In Gohmert’s document requesting a response schedule, the text states a judgment from the court would terminate “controversy arising from the conflict between the Twelfth Amendment and the Electoral Count Act.”
Gohmert’s request said the plaintiffs in the case spoke with Pence’s counsel before filing the lawsuit in a written statement and via email.
The plaintiff’s counsel and Pence’s counsel also spoke on the phone before filing the lawsuit. The document states the plaintiff’s counsel “made a meaningful attempt to resolve the underlying legal issues by agreement.”
“Those discussions were not successful in reaching an agreement and this lawsuit was filed,” Tuesday’s filing from the plaintiffs stated.
The plaintiffs’ request also said efforts to discuss the case over email were unsuccessful.
In a statement regarding the initial filing of the lawsuit, Gohmert said he hopes the federal judge “understands that the fraud that stole this election will mean the end of our republic, and this suit would insure that the vice president will only accept electors legitimately and legally elected.
“It is for this reason that I and other plaintiffs have filed a complaint for expedited declaratory and emergency injunctive relief to seek judgement from the court on the Vice President’s authority when presiding over the Senate during the Joint Session of Congress,” he said. “We are asking the court to uphold the powers laid out in the United States Constitution which grant the Vice President the exclusive authority and sole discretion in determining which electoral votes to count.”