(UPDATE, 5:25pm: Plaintiffs' counsel indicates that they have now properly served Vice President Mike Pence.)
On Sunday, the Arizona GOP and Texas Rep. Louie Gohmert filed a "friendly" lawsuit against Vice President Mike Pence in U.S. District Court, seeking to invalidate the federal laws used to conduct the Electoral College process - the Electoral Count Act. (Arizona's Law reported on the Complaint yesterday.)
Today, their attorneys - many of the same ones who have brought a number of so-called Kraken suits - told the Court that they have conferred with the Vice President's Counsel - Gregory Jacob - and had a conference today with five governmental attorneys. The conference was supposed to continue this afternoon, according to the Motion, but Christopher Healy from the Civil Division of the Department of Justice asked for additional time.
The Plaintiffs have asked District Court Judge Jeremy Kernodle (a Trump nominated judge) to set an accelerated briefing and argument schedule, so that a decision can be issued before Congress is set to meet to count the Electoral College votes on January 6.
As Chandler attorney Tom Ryan points out, the nonsensical part of this "emergency" is "there is nothing in the Complaint that had to wait until now to decide. The 12th Amendment to the US Constitution was adopted in 1804 and the Electoral Count Act was adopted in 1887."
Judge Kernodle has quickly responded to plaintiffs, reminding them that they still need to finish serving the defendant. (Plaintiffs' counsel was obviously hoping that serving the US Attorney in the Eastern District of Texas and the DOJ in D.C. would be enough.) The terse order states "The Court ORDERS that a briefing schedule will be set on Plaintiffs emergency motion after Plaintiffs file proof of service in accordance with Federal Rule of Civil Procedure 4(i)."
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