Texas East District Judge Jeremy Gernotl said Friday that Comet and others were not prosecuting. In the case, which was filed late Friday, Kohmert and other plaintiffs filed a fifth round of appeals notice in the U.S. Court of Appeals.
Kohmert’s case was part of a desperate and extraordinary GOP attempt to thwart the presidential election using unsubstantiated and unproven allegations of mass voter fraud, and many states changed their voting rules due to the epidemic that President-elect Joe Biden won illegally.
Those arguments have failed dozens of times in state and federal courts over the past two months.
Kohmert and Trump voters in Arizona said only Benz could determine the number of votes in an election – a significant argument that vice presidents can directly determine who wins a presidential election, regardless of the outcome.
Kernotl, who was nominated by Trump and confirmed in the Senate by a voice vote in 2018, wrote that Kohmert “accuses the House of Representatives of being an institutional injury. Under well-resolved Supreme Court jurisdiction, it is not sufficient to support the position.”
According to a group of Arizona Republicans who claimed that Biden’s voters in the state were illegally certified, Kernotl said they “accuse the U.S. vice president of being a legally undiagnosed injury, and that it was not possible to resolve the requested relief.”
Kernotl said in his 13-page comment that the number of elections overseeing the certification process did not fall into the constitutional or legal role of Pence.
“(A) The lawsuit to establish that the Vice President has the option of counting the number of cases filed against the Vice President is illegal,” Pence said.
“Paradoxically, if the position of Representative Kohmert is accepted by the court, he will lose the opportunity he had as a member of the House under the Electoral Numbers Act to raise the councils to oppose the election count and then debate and vote on them,” Pence added.
Dozens of state and federal courts, governors, state election officials and the Department of Homeland Security and Justice have confirmed that there are no credible allegations of any problem with voting.
The judiciary gave the White House a headline that Pence was filing earlier this week, says someone familiar with the matter. Word was sent to Chief Mark Mark Meadows that the department would ask the judge to dismiss the case. White House adviser Pat Cipolon knew it was coming.
It is not clear whether Trump, who is angry at the judiciary for his inaction on voter fraud, was notified. He was interested in Pence’s role during the January 6 operation, but Pence and others in the White House tried to explain to him that it was a ceremonial post.
House Attorney General Doug’s letter filed an amicus summary in court Thursday, seeking to dismiss the Kohmert case, saying it was “seriously deviating from our constitutional procedures and standard legislative procedures.”
“Below, this case seeks to include the federal courts in a belated and unqualified attack on long-term constitutional processes to ensure the outcome of a national election for president,” the council attorney wrote.
The Trump campaign continues its search in the Supreme Court with the same unsubstantiated and unproven voter fraud claims. Twice this week Wisconsin asked the court to overturn Pitton’s victory. Other lawsuits by the president and his allies seeking to oust Biden’s victories in Pennsylvania, Georgia, Michigan, Wisconsin and Arizona are pending in court.
This story has been updated with additional information.
CNN’s Morgan Rimmer contributed to the report.