Vice President Mike Pence wants a judge to toss a lawsuit that seeks to grant him power to overturn the results of the 2020 election.
Lawyers for the Justice Department filed a response Thursday to the suit bought earlier this week by Texas Rep. Louie Gohmert and other elected Republicans.
They argue that the Electoral Count Act, enacted in 1887, is unconstitutional — and that Pence has the authority to decide which electoral votes to count.
But lawyers for Pence say the lawsuit should’ve been filed against Congress — and not himself.
“These plaintiffs’ suit is not a proper vehicle for addressing those issues because plaintiffs have sued the wrong defendant,” the 14-page brief filed in Texas federal court says. “The Vice President — the only defendant in this case — is ironically the very person whose power they seek to promote.”
The lawyers also added, “A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction.”
Pence will preside over Congress on Jan. 6 when it votes to certify the electoral votes.
Last month, Joe Biden was designated the winner of the presidential election following a formal vote by the Electoral College. Biden received 306 electoral votes, while President Trump earned 232. A total of 270 is need to win the presidency.
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