Vice President Mike Pence wants a judge to file a lawsuit that would give him the power to reverse the results of the 2020 election.
Attorneys for the Justice Department filed a response on Thursday to the lawsuit purchased by Texas Rep. Earlier this week. Louie Gohmert and other elected Republicans.
They argue that the Electoral Count Act, which went into effect in 1887, is unconstitutional – and that Pence has the authority to decide which electoral votes to count.
But Pence’s lawyers say the lawsuit should have been filed against Congress – and not against himself.
“These prosecutors’ lawsuit is not an appropriate means to address those issues because the prosecutors have charged the wrong defendant,” said the 14-page letter filed in federal court in Texas. “The vice president – the lone defendant in this case – is ironically just the person whose power they are trying to promote.”
The lawyers also added, “A lawsuit to determine that the vice president has discretion over the count filed against the vice president is an ongoing legal contradiction.”
Pence will chair Congress on Jan. 6 when it votes to certify electoral votes.
Last month, Joe Biden was named the winner of the presidential election after a formal vote by the Electoral College. Biden received 306 electoral votes, while President Trump earned 232. It takes a total of 270 to win the presidency.