Mr. Gohmert named Mr. Pence as the sole defendant, which the Justice Department noted is "ironically the very person whose power they seek to promote." PENCE DID NOT BACK LAWMAKER PLAN TO OVERTURN ELECTION RESULTS: LAWYERSAccording to a court filing, Mr. Gohmert’s lawyers attempted to reach an agreement with Mr. Pence regarding the lawsuit, but those discussions were unsuccessful. Mr. Gohmert’s lawsuit challenges the procedures that will govern Congress’s counting of electoral votes next week, which will cement President-elect Joe Biden’s victory. The Justice Department, while avoiding an opinion on the 12th Amendment, suggested that Mr. Gohmert might instead sue Congress itself, since the 1887 act vests the legislature with powers that they are seeking to transfer to Mr. Pence. The department is acting on behalf of Mr. Pence because he was sued in his official capacity.
Source: Fox News January 01, 2021 06:33 UTC