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World 'Boldly Frivolous' Gohmert v. Pence Election Lawsuit Spurs Bar Complaints Against Attorneys

00:21  01 march  2021
00:21  01 march  2021 Source:   newsweek.com

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Bar Complaints Filed Against Three Attorneys Who Pressed Louie Gohmert ’s ‘ Frivolous and Dangerous’ Lawsuit to Overturn 2020 Presidential Election . Colin KalmbacherFeb 27th, 2021, 1:49 pm. Rep. Louie Gohmert , R-Texas, speaks during the House Judiciary committee hearing on June 24, 2020. Bar complaints were filed earlier this week against three attorneys who worked on lawsuits aimed at overturning the results of the 2020 presidential election . Washington, D.C.-based attorney Patrick Malone submitted two separate bar complaints to the District of Columbia Court of Appeals

Gohmert and the Arizona electors sued Pence this week to throw out the procedures that Congress has relied upon since 1889 to count electoral votes. He also has not publicly commented on Trump’s repeated calls to reverse the results of the democratic process and install himself for a second term. Gohmert ’s attorneys in the case, some of whom have handled some of Trump’s lawsuits intended to overturn Biden’s victory in key swing states, indicated they’ve since been in touch with lawyers in the civil division of the Department of Justice about the administration’s formal response to the suit .

Calls are growing to disbar Texas Republican Representative Louie Gohmert and the attorneys who filed election lawsuits that failed to overturn President Joe Biden's win.

a man wearing a suit and tie: U.S. President Donald Trump talks with Rep. Louie Gohmert (T-TX) at the joint session of the U.S. Congress on February 28, 2017 in the House chamber of the U.S. Capitol in Washington, DC. Trump's first address to Congress focused on national security, tax and regulatory reform, the economy, and healthcare. ( © WIN MCNAMEE / Staff/Getty Images U.S. President Donald Trump talks with Rep. Louie Gohmert (T-TX) at the joint session of the U.S. Congress on February 28, 2017 in the House chamber of the U.S. Capitol in Washington, DC. Trump's first address to Congress focused on national security, tax and regulatory reform, the economy, and healthcare. (

On Monday, Washington-based attorney Patrick Malone brought an ethics complaint to the D.C. Bar Disciplinary Counsel that names three attorneys behind the widely derided Gohmert v. Pence case late last year. The case, which was rebuked by the Justice Department and by Vice President Mike Pence himself before being tossed out by the courts, sought to overturn the November presidential election by allowing incumbent Pence to simply not count the Electoral College votes which were in favor of Biden.

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A federal judge has thrown out a lawsuit from Rep. Louie Gohmert of Texas and several Arizona Republicans seeking to force Vice President Mike Pence to help throw the election to President Donald Trump next week when Congress meets to count the Electoral College votes.

Gohmert argues that the vice president should be able to pick competing slates of electors chosen by Republican-led state legislatures in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin “as a result of the extraordinary events and substantial evidence of election fraud and other illegal conduct before, during and after the 2020 general election in these states.” No evidence of such fraud has been provided, and longtime Trump ally William Barr, who was U.S. attorney general during the election , has said there was no evidence of voter fraud that could have changed the outcome.

Malone described the case as "boldly frivolous" to Law & Crime in an article published Saturday.

Malone's complaint says Gohmert tried to submit a "fake document" to the U.S. District Court for the Eastern District of Texas in an attempt to lie that the Arizona State Legislature had already agreed to formally challenge the election results.

Federal judges and even the Supreme Court dismissed Gohmert v. Pence early last month, saying the three Trump attorneys and Gohmert, a former Texas prosecutor and judge, had sued the wrong person. Trump-appointed U.S. District Judge Jeremy Kernodle agreed and also rejected the case as without standing.

A slew of ethics complaints have been filed against Gohmert, but Malone's complaint with the D.C. bar accuses members Lawrence Joseph, Brandon Johnson and Julia Z. Haller of knowledgeably pursuing a legal case they knew to be frivolous. Malone went on to blast the so-called "Kraken" cases brought by Trump attorneys in Arizona, Georgia, Michigan and Wisconsin.

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Gohmert and a handful of the would-be electors sued Pence in federal court on Monday in a long-shot bid to throw out the rules that govern Congress' counting of electoral votes next week. It’s an effort they hope will permit Pence — who is tasked with leading the Jan. The lawsuit asserts that the 1887 law known as the Electoral Count Act, the vague statute that has long governed the electoral vote counting process with minimal drama, unconstitutionally binds Pence from exercising total authority to choose which votes to count.

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"The lawsuit sought to overturn the votes of certified presidential electors by a series of false statements of fact and ludicrous arguments of law," reads Malone's ethics complaint to the D.C. Disciplinary Counsel, the agency in charge of pursuing misconduct among its 100,000 members.

"It is an ethical violation of the Rules of Professional Conduct to pursue a legal case that is frivolous. That is especially true when the lawsuits undermine the legal system with false and wild accusations that have no support in reality," the complaint against Haller, Joseph and Johnson continued.

Malone's complaint says the three pro-GOP attorneys "engaged in unethical behavior" through the Gohmert lawsuit. They used "improper purpose" to try and jam the frivolous lawsuit through the courts. "It was based on facts that had no evidentiary support, and its core legal argument could not pass any test of good faith."

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Barring any surprises, Pence will be formally nominated to the Republican ticket at the party’s convention next week. Russian state prosecutors said they would back an effort to jail opposition politician Alexei Navalny for up to three and a half years at a court hearing on Tuesday, as the Kremlin said it would not heed U.S. complaints about his case. Riot police used forced to break up protests across Russia on Sunday calling for Navalny, a prominent critic of President Vladimir Putin, to be freed.

Vice President Mike Pence on Tuesday told President Donald Trump that he does not have the authority to block certification of President- elect Joe Biden's win when Congress meets to count electoral votes, sources told CNN. Pence told Trump he doesn't have power to overturn election .

Gohmert has continued to challenge the results of the election and blamed "Trump Derangement Syndrome" for intimidating judges and justices whom the former president himself appointed to the courts.

Gohmert wrote in an op-ed published earlier this month by the Tyler Morning Telegraph newspaper in East Texas:

"One of the left's continuing myths is that every court that considered election improprieties found them all bogus. The truth is that not a single federal or state court had an evidentiary hearing to listen to and view the evidence of potential wrongdoing before the final votes were certified. Each court cited some procedural reason to avoid having an evidentiary hearing. That is indeed a tragedy."

Gohmert served as a judge for Texas' 7th judicial district from 1992-2002 before then-Texas Republican Governor Rick Perry appointed him as Chief Justice on the Texas Twelfth District Court of Appeals in 2003.

Lawyers Defending American Democracy (LDAD) is another legal organization seeking the disbarment of Gohmert and others who filed lawsuits that absurdly challenged Biden's win.

"Not a single word in that amendment, or in any other, gives the vice president any role whatsoever in choosing which votes to count let alone the extraordinary, unilateral power to select who the next president should be, regardless of the outcome of votes in the various states," the group said in a statement in January.

Newsweek reached out to Gohmert's office for additional remarks Sunday afternoon.

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