December 29, 2020
Before Vice President Mike Pence was sued by Republican congressman Louie Gohmert, their lawyers held a private meeting in which they disagreed about how the Electoral College vote is formally accepted.
Rep. Louie Gohmert claims Pence has the power to hand President Donald Trump a second term by rejecting Democratic electors from swing states, described the failed talks in a Tuesday filing in federal court in Tyler, Texas. Gohmert is seeking a court order requiring the Office of the Counsel for the Vice President and the U.S. Justice Department to respond to the lawsuit by Wednesday evening.
The Senate and House meet jointly on Jan. 6 to open and count certificates of electoral votes. The vice president has the constitutional role of presiding over the Senate, which has traditionally included overseeing the formal acceptance of the Electoral College vote.
Gohmert’s filing Tuesday also asked a U.S. District judge to expedite the case and rule by Jan. 4, to allow time for a fast appeal.
So here is the gist: Before Gohmert filed his lawsuit, his attorney tried to hammer out an agreement with Pence’s legal team on the “underlying legal issues” on how the electoral votes are counted. But the two sides couldn’t reach a deal, according to Gohmert’s lawyer. So Gohmert sued Pence to force him to count the votes in the manner Gohmert believes is correct.