As Donald Trump and his allies squeezed then-Vice President Mike Pence to single-handedly stop Joe Biden’s presidency in the weeks ahead of Jan. 6, they used one particular tool that’s been largely ignored ever since
exerted by Trump himself. Gohmert’s suit is rarely mentioned in the publicly available pre-Jan. 6 timetable.
The Capitol riot worked in Powell's favor but also against it, in her stated view: It delayed a last-ditch Jan. 6 attempt to seek Supreme Court consideration of Gohmert's suit but also provided more time for Alito to weigh the suit that afternoon. The decision by Pence and congressional leaders to keep certifying votes after the riot dealt a mortal blow to Gohmert’s legal fight, Powell said.
Gohmert, who is now running for Texas attorney general, has said little about his lawsuit. His office declined multiple requests for comment.at the time, though, after the district court rejected his court challenge. He said the effect of the court decision would leave street violence as the only option to contest the election.
A source familiar with Rosen’s thinking said that even in hindsight, it’s not clear Clark’s involvement with the Pence suit was improper.
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