Vice President Mike Pence, whom Donald Trump apparently believes hasn’t been publicly forceful enough in prosecuting the president’s false “stolen election” conspiracy, is now the first named defendant in a lawsuit that seeks to block the Jan. 6 Congressional certification of Joe Biden’s win in the presidential election.
In recent days Trump has been questioning Pence’s loyalty as Jan. 6 approaches so maybe it’s possible this lawsuit provides some cover for Pence.
The far right Thomas Moore Society filed suit in U.S. District Court in the District of Columbia on Tuesday seeking to prevent Pence, the U.S. Senate and House of Representatives from carrying out their constitutionally prescribed duties to formally record and certify the Electoral College votes of each state. The action also names the Electoral College itself and numerous state officials from Pennsylvania, Georgia, Michigan, Wisconsin and Arizona as defendants.
The suit claims that Pence shouldn’t be allowed to count the Electoral College’s votes because state legislatures have not “affirmatively voted to certify the Presidential electors.” The only problem with that argument is that they have and the College already has tallied 306 votes for Biden, which means he really did win the presidential election.
The very creative lawyers who crafted the filing use the heading “A Cabal of Public-Private Partnerships Directed the Manner of the Election Contrary to State Law,” which essentially is a more formal way of re-stating Trump’s numerous “RIGGED ELECTION!!!” tweets.
Most people with a grip on reality see this latest legal filing as nothing more than an act of desperation. Democratic election law attorney Marc Elias had this evaluation of the document: “I can’t even describe it. It’s really dumb. Trump and his allies remain 1-59 in post election litigation.”
There’s no word yet on when the first hearing on the matter might take place.