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

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.

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.

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.

"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."

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.

louie gohmert disbar ethics complaint
Then-President Donald Trump talks with Rep. Louie Gohmert of Texas at the joint session of the U.S. Congress on February 28, 2017 in Washington, D.C. WIN MCNAMEE / Staff/Getty Images