The White House counsel, Pat A. Cipollone, and the chief of staff, Mark Meadows, were aware the Justice Department was filing on Mr. Pence’s behalf before it happened, according to two people briefed on the discussions.
If a judge were to make clear that Mr. Pence does not have the authority to reject votes or decide the results, it could alleviate pressure on him. Since the election in November, Mr. Trump has become singularly focused on the proceedings of the Electoral College. He cut short his vacation at his Mar-a-Lago estate in Florida to return to Washington early, at least in part to push Republican lawmakers to reject the results when they meet on Jan. 6 to count the votes.
Should Judge Kernodle confirm that Mr. Pence has no influence over the Electoral College votes, Mr. Gohmert’s lawsuit could have the opposite of its intended effect.
In its response, the department also said that Mr. Gohmert did not have standing to sue Mr. Pence over performing the duties as defined by the act; rather, he and the other plaintiffs should sue Congress, which passed the original law.
Source Article from https://www.nytimes.com/2020/12/31/us/politics/justice-department-mike-pence-louie-gohmert.html
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