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Election Update - Gohmert:
There are three relevant new filings. One is Pence's opposition, one is the proposed amicus from the House, and the last is a proposed motion to dismiss on behalf of someone seeking to intervene.
There are three relevant new filings. One is Pence's opposition, one is the proposed amicus from the House, and the last is a proposed motion to dismiss on behalf of someone seeking to intervene.
Pence's opposition is brief and appears to primarily be on the grounds that he's the wrong defendant - if they're trying to give him All Teh Powahs, he can't be adverse enough to be sued. https://www.courtlistener.com/recap/gov.uscourts.txed.203073/gov.uscourts.txed.203073.22.0.pdf
It looks like Pence is going to try and do two things here:
1: As I mentioned earlier, he's going to try and thread a needle and argue that the court can't tell him what to do here, but do so without admitting that Congress can tell him what to do either.
1: As I mentioned earlier, he's going to try and thread a needle and argue that the court can't tell him what to do here, but do so without admitting that Congress can tell him what to do either.
2: And he's going to show the moral fiber we've come to expect and attempt to do so without pissing off the Trumpian base any more than necessary.
The first is achievable. The second, not so much.
The first is achievable. The second, not so much.
The background section is unremarkable.
It looks like they've decided to thread their needle by arguing on the narrowest possible grounds. They're not actively contesting every possible grounds for dismissal. Instead, they're trying for a path that gets them out of the line of fire.
The argument they are making is, however, strong.
And, for the nonlawyers, it boils down to:
"If you're suing to try and give us massive new superpowers you are hardly acting against our interests, are you?"
And, for the nonlawyers, it boils down to:
"If you're suing to try and give us massive new superpowers you are hardly acting against our interests, are you?"
This is a clear paragraph, and there are several noteworthy things here:
1: Pence's team is making it very clear to the court that they recognize that this was an attempt to force a collusive suit and they want no part of it;
1: Pence's team is making it very clear to the court that they recognize that this was an attempt to force a collusive suit and they want no part of it;
2: They are not happy that Louie made them play a stupid game and they are now forced to win stupid prizes;
3: Counsel from the House discussed the case with Pence's team. This means that Pence's team knew someone else would be making other arguments, letting them back away more.
3: Counsel from the House discussed the case with Pence's team. This means that Pence's team knew someone else would be making other arguments, letting them back away more.
4: This explains why the House is filing as an amicus and not intervening. If Pence is going to claim - correctly - that they're an essential party to the suit, they've got every reason to make Gohmert's Goofballs work to bring them into the case instead of volunteering.
The Defense also points out that the Gohmertian Geniuses made some other basic errors and therefore shouldn't get an injunction even if they'd otherwise be entitled to relief.
This is the part of the brief that brings other issues to the court's attention. Part of the delay between this tweet and the prior one was me trying to make up my mind how much of this kind of weak-sauce approach is trying to protect Pence politically.
I say "weak-sauce" because they're trying to argue in a way that puts daylight between this part of the brief and Pence.
Honestly, I can't decide if it's an attempt to protect Pence personally, and if so I don't think it matters. It is protecting the Office. That's their job.
Honestly, I can't decide if it's an attempt to protect Pence personally, and if so I don't think it matters. It is protecting the Office. That's their job.
Also, they're arguing that the Office of the Vice President isn't an adverse party as far as Louie's arguments are concerned. A full-bore argument on the other grounds for dismissal would, at least in a sense, undercut that just a bit.
And it's clear that there's been coordination with the House's lawyers.
So while I suspect that keeping Pence as far out of this as possible was a motive, I'll extend some benefit of the doubt on this one.
So while I suspect that keeping Pence as far out of this as possible was a motive, I'll extend some benefit of the doubt on this one.
The standing arguments here are the obvious ones, and I don't just say that because they're things that @AkivaMCohen and I pointed out days ago.
They're also valid and sufficient reasons for dismissal.
They're also valid and sufficient reasons for dismissal.
It's interesting that they're deferring on the Speech and Debate Clause. They could have argued that based on the VP's official interests. But they're noping out in a manner that reinforces their position that the House and Senate, not the VP, are the right defendants.
And the final point made is basically that the case itself is such a cluster that there's really no reason to get to the constitutional arguments - and no time to do it right because Louie waited a very long time to file this.
Overall:
This is the brief of a party that REALLY doesn't want to be in the middle of this fight and is very annoyed at finding themselves there.
This is the brief of a party that REALLY doesn't want to be in the middle of this fight and is very annoyed at finding themselves there.
It's slightly less aggressive in it's approach than I was expecting, but a chunk of that is because the House is going to file something that beats their errant and wayward idiot about the head with a very dead fish.
It's more than good enough to do the job at hand. In part that's because the job at hand involves dealing with something that Louie Gohmert thought was a bright idea, and that's never terribly difficult.
I'm going to grab a bite to eat, and then I'll look at the House's amicus brief.
House thread starts here: https://twitter.com/questauthority/status/1344814964700274688?s=20
