January 19, 2021

The Federal Court of Appeals dismisses the election case against Pence

The Federal Court of Appeals on Saturday night rejected an attempt by a congressman to overturn the November presidential election results.

The three-judge panel of the U.S. Court of Appeals for the Fifth District, U.S. President Louis Gomert, R-Texas, threw out the appeal, which sought to allow Vice President Mike Pence to hand over the election to Trump.

The panel upheld Friday’s ruling in the U.S. District Court for the Eastern District of Texas, which said Comet and a group of 11 pro-Trump Arizona voters did not stand to change Pence’s role. Comet Pence was sued in an attempt to shift his job as an election vote counter to a firm stake in the election.

Under Twelfth Amendment to the Constitution The Vice President presides over the Senate election vote count, which acts as a human count. The lawsuit sought to justify Joe Biden’s refusal to accept enough votes from his supporters, eventually returning the White House to Trump.

The original, Dec. 27 lawsuit against the vice president said Pence “can exercise exclusive power and full discretion in determining which election votes should be counted for a particular state.”

The Trump administration opposed the case in court, arguing that Pence was the wrong target.

Kohmert’s office did not immediately respond to a request for comment. His options include an appeal to the U.S. Supreme Court, which has so far avoided 2020 election challenges, and a request for a full Fifth District Court review.

This month’s election confirmed Biden’s 306-232 victory, and all legal efforts, including more than 50 lawsuits against Trump’s campaign and its supporters, have failed.

Trump continues to make allegations that there was widespread voter fraud in the election without any evidence.

Associated Press Contributed.