Rep. Louie Gohmert (R-Texas) sued Pence on Dec. 27, just as Trump was ratcheting up his pressure campaign against his vice president. Backed by a squad of lawyers associated with Trump ally and conspiracy theorist Sidney Powell, Gohmert argued Pence should assert unilateral control over certification, governed only by the vague wording of the Twelfth Amendment.
Gohmert’s move forced Pence to publicly resist Trump’s subversion of the election, only a week before the fateful Jan. 6 joint session of Congress. When the Justice Department stepped in to defend Pence from the lawsuit on Dec. 29, it marked the first time Pence signaled he wouldn’t fold to Trump’s demands.
Pence allies have long believed that Trump played a role in Gohmert’s legal strategy, and they’ve indicated that Trump was frustrated that the Justice Department intervened to defend his vice president against Gohmert’s suit. But what remains unknown is just how involved Trump was in Gohmert’s legal strategy. A spokesperson for the former president did not respond to a request for comment.
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