Categories
Uncategorized

Gohmert et al object to making Pence “glorified envelope opener” in the Electoral College vote

In his reply to the injuction sought by Vice President Mike Pence, Texas Republican Congressman Louie Gohmert, joined by eleven others, claims that the powers of the Vice President extend far beyond that of a “glorified envelope opener” and extend to the ability to void slates of electors certified by the States.

Gohmert argues that instead of a simple ceremonial duty, the Vice President actually is imbued with “weighty and prudential powers afforded under the Constitution,” including the ability to undermine the determination of voters and the state authorities that determined the state’s respective electors.  Gohmert claims that instead of exercising his immense authority, Pence is relegating his role to simply ceremonial.

“In their submissions, Defendant and amici never reach this issue. Instead, they hide behind procedural arguments such as standing, laches and other ‘gatekeeping’ defenses that, as set forth below, are easily disposed above [sic]. They argue that the January 6th joint session is no more than a perfunctory coronation,” Gohmert’s motion states.  “A ceremony where the Vice-President is relegated to the mundane task of opening envelopes filled with electoral votes certified by state governors. They say that the Vice President, the glorified envelope-opener in chief, has no authority to preside over anything else or to decide anything of substance or to even count the votes in those weighty envelopes. He is only the envelope-opener.”

Gohmert’s case hinges on what he claims is the unconstitutionality of 3 U.S. Code § 15, one section of a series of laws passed in 1948 to codify the Electoral Count Act of 1887, which outlines the administrative aspects of the Electoral College vote.  Section 15 notes that the entire extent of the role of the presiding officer of the Senate–the Vice President, who serves as the President of the Senate–is to confirm the slates of electors submitted by the states:  “Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States….”

The section also declares that the Presiding Officer will only accept slates of electors certified by the various states by the dates established by state law and within the laws prescribed by US Code 3 and state law.

Gohmert claims that 3 U.S. Code § 15 is unconstitutional, even though Article II of the Constitution clearly makes the role of the Vice President a “glorified envelope opener”:  “The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.”

The flaw in Gohmert’s filing is that the precedent he cites is the election of 1876, when four states submitted competing sets of electors.  In each case, however, the alternate slate of electors was not certified by a duly appointed official of the state government; they were submitted by people who falsely claimed office or authority to name electors.  None of the alternate slates were recognized by the presiding officer of the Senate.

Perhaps the most amusing part of the Gohmert filing is that assertion that Gohmert and his cohort are likely to prevail in further court proceedings.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Regime charges FBI agents with lying to Congress over Hunterghazi

40 minutes ago

Marc Thiessen seems worried

5 hours ago

Trump triples down on demonizing teenage rape victim

19 hours ago

Close Epstein friend at least consistent on protecting pedophiles

20 hours ago

Fox News reports Trump rallygoers willing to suffer high gas prices

1 day ago

Jaydee tells Buckeye GOP to buck up and stop whining about Vivek Ramaswamy platforming a child rapist’s willing accomplice

2 days ago

CNN poll finds Trump approval its lowest-ever

2 days ago

Ketamine Brain thinks it’ll be illegal for Dems to subpoena him

2 days ago

Da Vek pumps $4 million into ad starring Acton’s evil old hag mom

3 days ago

Orange Tyrant wants to demolish press briefing room: NYT

3 days ago

Tired old shitbag makes limp effort to excite MAGA voters: Watch live

3 days ago

Jon Husted in better shape than Da Vek in Ohio: Marist poll

3 days ago

Tough crowd for a tired act in Kansas: Watch Live

4 days ago

Israel’s greatest friend vows to abandon them if Netanyahu ousted

5 days ago

Neckbeard struggles through ill-advised CBS News town hall

6 days ago

Dem early voter turnout explodes in Iowa and North Carolina

6 days ago

Ashley Hinson asks fans to donate gas money for campaign bus

7 days ago

Brent crude hits $109 a barrel

7 days ago

“Maybe it’s not for her”: Trump on Pizzagate Kate

7 days ago

When will Mehmet Oz denounce Kid Rock’s Islamophobic hatred?

7 days ago

Surprise! Team Orange came up empty on Omar’s status in 2019

1 week ago

Complete piece of shit Trump/Epstein pal fired from regime

1 week ago

Pizzagate Kate’s bad time on Hannity’s insanity hour

1 week ago

President gets head start on precriminations

1 week ago

Matt Gaetz responds to sex trafficking lawsuit by doxxing plaintiff

1 week ago

FBI statement on suspicious mail gives away the targets

1 week ago

Orange Overlord changes execution to private, invite-only affair

1 week ago

Fox News ends clip before morose reaction to their own poll

1 week ago

Jim Jordan eyes House GOP championship belt

1 week ago

Regime trying to denaturalize and deport Ilhan Omar

1 week ago

MAGAmericans blame Democrats for inflation

1 week ago

Netanyahu backs off any new pre-election day Iran attacks

1 week ago

September inflation beats expectations

1 week ago

WATCH LIVE: Haggard old bag of shit limps into Alaska

1 week ago

Chickenshit tells Houthis to do whatever they want for three weeks

1 week ago

Tepid reviews for Zacharia inside Trump Regime

1 week ago

Kim Guilfoyle fired

1 week ago

Pizzagate Kate’s debut as Regime Info Minister: Watch Live

1 week ago

MAGA PACs pull plug on GOP incumbents

1 week ago

Paxton partied in Dubai with fugitives wanted in US

2 weeks ago

WATCH LIVE: Orange Scumbag campaigns in Ohio

2 weeks ago

Trump “looking at” firing Kim Guilfoyle

2 weeks ago

Russian bots taken offline by Ukrainian strikes on data centers

2 weeks ago

“Look what The New York Times did to my beautiful Doral”

2 weeks ago

DHS raids Ilhan Omar’s home

2 weeks ago

Chuck Grassley files 2028 reelection paperwork

2 weeks ago

Neurodivergent Mormon disclaims agency over US energy supply

2 weeks ago

Orange Satan’s approval rating new all-time Pew record low

2 weeks ago

“In actuality, I should have won 8 Nobel Peace Prizes, not just 1”

2 weeks ago

Vote Republican if you’re mad Trump lost the Nobel Peace Prize

2 weeks ago

x
x
x
x
x
x