With the votes tabulated and certified in the states and the Electoral College already casting their votes for Joe Biden, it is all down to the joint session to further affirm the president-elect’s victory. With Republican allies of Donald Trump looking to make last-ditch efforts to overturn the results, the Justice Department has since weighed in on the lawsuits, criticizing the plaintiffs.
The DOJ blasted the Republican-led lawsuit aiming to reverse Biden’s election win by having outgoing vice president Mike Pence be the one to decide who won the recent elections. Pence, as Senate president, would be presiding over the joint sessions of the House and the Senate next week to affirm Biden’s win and acknowledge the Electoral College’s votes. DOJ officials have also called for a judge to dismiss the said lawsuit filed by Congressman Louie Gohmert and 11 Republicans from Arizona, a state that flipped to blue in favor of Biden.
In the court filing, the Justice Department cited that the Republicans are suing the wrong defendant in the case. They also described the lawsuit against Pence as “a walking contradiction.”
In the suit, Gohmert and the other Republicans involved are asking federal judge Jeremy Kernodle, a Trump appointee, to declare that Pence has absolute authority to decide which electoral votes should be counted. They urged Kernodle to strike down sections of the 1887 Electoral Count Act that they claim is a contradiction of the 12th Amendment. DOJ Civil Division attorney John Coghlan further slammed the lawsuit, saying that if there was a proper target for the suit, it would be against the House and the Senate, not the vice president.
Pence has been largely silent on the attempts to overturn the election nor has actively participated in the efforts of Trump and his allies to overturn results. However, in a recent break from Trump, the outgoing vice president is filing to seek dismissal of the lawsuit the Republicans have filed against him.
It should be noted that Pence does not have the authority to decide which votes count and which do not. Any objections made by members of Congress and the Senate would ultimately have no bearing on Biden’s election victory.