Rep. Louie Gohmert’s Lawsuit Explained; What Will Happen on Jan. 6? – Rick Green on the 2020 Election

The Louie Gohmert's lawsuit was dismissed on standing, on procedure, not on the merits!!!

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“The Louie Gohmert lawsuit was dismissed in a lower federal court, but on standing, only on procedure, not on the merits. The merits have not been adjudicated which means the power stands.” ~ Boris Epshteyn

What is the significance of Congressman Louie Gohmert’s recent election lawsuit (See Below)? How could it impact a lot more than just the Vice President’s role? What will happen on January 6th when Congress meets?

In this episode of American Thought Leaders, host Jan Jekielek sits down with constitutional attorney Rick Green, a former Texas state representative and co-founder of the Patriot Academy, to break down what the Constitution has to say about what’s going on.

Rep. Gohmert Issues Statement on Pence Lawsuit

December 28, 2020 – Congressman Louie Gohmert (TX-01) released the following statement regarding the lawsuit filed against the Vice President:

“The 2020 presidential election was one we’d expect to see in a banana republic, not the United States of America. In fact, the rampant fraud and unconstitutional actions that took place were so egregious that seven contested states– Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin all sent dueling slates of electors to Congress. This puts Vice President Mike Pence in a position where some argue he has to choose between morality and the law. That is not the case.

“It is also critical to note that as many formerly in the mainstream media, now the Alt-Left media, continue to say that every court has said there is no evidence of fraud.  That is disingenuous, deceitful, and flat out dishonest. The truth is that no court so far has had the morality and courage to allow evidence of fraud to be introduced in front of it.

“We continue to hold out hope that there is a federal judge who 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. There must be an opportunity for a day in court when fraud was this prevalent.

“It is for this reason that I and other plaintiffs have filed a complaint for expedited declaratory and emergency injunctive relief to seek judgment from the court on the Vice President’s authority when presiding over the Senate during the Joint Session of Congress. 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. As outlined in the filing, the Electoral Count Act is unconstitutional because it directs Vice President Pence to legitimize electoral votes in violation of the Electors Clause and limits or eliminates his Twelfth Amendment authority to determine which slates of electors should be counted and which, if any, may not be counted.  This is fundamental because no statute can constitutionally supply rules to the extent that such statute violates the U.S. Constitution. 

Thanks to spineless politicians, corrupt state officials and a coordinated effort to undermine the will of the American people in favor of business as usual in the D.C. swamp, we now find ourselves in a place where a stolen election becomes just another one of the miscarriages of justice this town refuses to remedy.  The D.C. elites want to sweep these electoral injustices under the rug, just as they have done with countless other scandals such as the Russia-collusion hoax, the Biden-Ukrainian quid-pro quo, and Hillary Clinton’s mishandling of classified information, to mention only a few. For the sake of the future of our Republic, come January 6th, Vice President Pence must be authorized to uphold the legal votes of millions of Americans and preserve our nation’s great experiment in self-governance.”

Rep. Gohmert Issues Statement on Pence Lawsuit

January 02, 2021 – Rep. Louie Gohmert (R-Texas) said late Friday, after a federal judge dismissed the lawsuit he and others filed against Vice President Mike Pence, that the ruling was wrong, and that he plans to appeal.

District Judge Jeremy Kernodle, a Trump nominee, alleged Gohmert didn’t have sufficient standing to bring the legal action.

Gohmert “alleges at most an institutional injury to the House of Representatives,” Kernodle wrote. “Under well-settled Supreme Court authority, that is insufficient to support standing.”

Reacting during a virtual appearance on Newsmax, Gohmert said, “If I don’t have standing to do that, nobody does.”

Gohmert is one of roughly 40 Republicans who plan to object to electors during the Jan. 6 joint session of Congress, asserting some states’ electors are illegitimate because of alleged election fraud.

In a written statement, Gohmert added, “When no one ever has standing, what good is a court system?”

Kernodle also ruled that the other plaintiffs, Arizona’s Republican electors, claimed an injury that is not “fairly traceable” to Pence, the vice president. Gohmert said he also took issue with that aspect of the dismissal.

“The bottom line is, the court is saying, ‘we’re not going to touch this, you have no remedy.’ Basically, in effect, the ruling would be that you got to go to the streets and be as violent as an Antifa and BLM,” he added, referring to the far-left, anarcho-communist network and Black Lives Matter, which fueled violent riots over the summer.

Gohmert said lawyers representing the plaintiffs plan on appealing to the Fifth Circuit Court of Appeals.

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