Sidney Powell Says Pence Should Reject Electoral Votes From Disputed States

Lawyer Jenna Ellis listens to Melissa Carone who was working for Dominion Voting Services as she speaks in front of the Michigan House Oversight Committee in Lansing Michigan

A federal appeals court on Saturday dismissed a lawsuit by Rep. Louie Gohmert that argued the vice president has the authority to unilaterally reverse Donald Trump's election loss during a joint session of Congress Wednesday.

Attorney Sidney Powell told FlashPoint host Gene Bailey in a December 29 interview that Vice President Mike Pence should reject Electoral College votes from states facing legal challenges on grounds of alleged election and voter fraud.

The outgoing U.S. vice president, Mike Pence, "welcomes" an effort by GOP congress members to "raise objections and bring forward evidence before the Congress and the American people on January 6th" when both the House and Senate certify the Electoral College vote results, using "the authority they have under the law" Pence's chief of staff Marc Short noted, cited by The Hill.

Trump has refused to concede defeat to Democrat Biden and has repeatedly falsely claimed the election was tainted by widespread fraud. "When no one ever has standing, what good is a court system?"

The vice president's role in presiding over the January 6 meeting is usually a ceremonial one governed by an 1887 federal law known as the Electoral Count Act. "This requires the plaintiffs to show a personal injury that is fairly traceable to the defendant's allegedly unlawful conduct and is likely to be redressed by the requested relief". A formality in the past, this year's outcome of the procedure could be unpredictable, as at least eleven Republican Senators have declared their intention to challenge the presidential election results.

The Texas congressman has already said he plans to appeal the case to the Fifth Circuit Court of Appeals, Politico reported.

Several Republicans senators have said they do not support any effort to derail the certification of the Electoral College vote. Gohmert argued Pence should have the authority to accept or reject the election results of individual states, which would give him the opportunity to reject votes from states won by Biden. He may ignore all electors from a certain state.

As vice president, and president of the Senate, Pence will oversee the certification of the results.

A Justice Department lawyer representing Pence on Thursday urged Kernodle to dismiss the lawsuit saying they had sued the wrong person as they raised 'a host of weighty legal issues about the manner in which the electoral votes for president are to be counted'. 11 Republican senators and senator-elect led by Senator Ted Cruz have declared that they would not vote to endorse Joe Biden as the next US President.

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