Gohmert et al v. Pence

Filing 13

MOTION for Leave to File an Amicus Brief by John S. Campbell, Amicus Curiae. (Attachments: # 1 Text of Proposed Order, # 2 Envelope(s))(ksd )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

LOUIE GOHMERT, TYLER BOWYER,

DEC 3 0 2020

NANCY COTTLE, JAKE HOFFMAN,
ANTHONY KERN, JAMES R. LAMON,

Clerk, U.S. District Court
Texas Eastern

SAM MOOREHEAD, ROBERT
MONTGOMERY, LORAINE PELLEGRINO,
GREG SAFSTEN, KELLI WARD and
MICHAEL WARD,

Plaintiffs,
CIVIL ACTION NO. 6:20-cv-00660-JDK

v.

THE HONORABLE MICHAEL R. PENCE,
VICE PRESIDENT OF THE UNITED STATES,
in his official capacity.

Defendant.

MOTION FOR LEAVE TO FILE AMICUS BRIEF
The undersigned, John S. Campbell, files this Motion for Leave to File Amicus Brief on the issue
of the Constitutionality of The Electoral Count Act of 1887, 3 U.S.C. §15, and of certain related
elements of the additional relief sought by Plaintiffs.

1

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Amicus briefs may be allowed in district court, with leave of the court. See Jin v. Ministry of State
Sec.. 557 F. Supp. 2d 131, 136-37 (D.D.C. 2008); Nafl Ass n of Home Builders v. U.S. Army
Corps of Eng rs, 519 F. Supp. 2d 89, 93 (D.D.C. 2007; and Ellsworth Assocs. v. U.S.. 917 F.
Supp. 841, 846 (D.D.C. 1996)( amicus status is generally allowed when the information offered
is timely and useful. ). The instant action involves an important and novel1 issue, a tight window
for decision, and a potentially limited spectrum of interests represented by the parties; this appears
to be an ideal case for amicus filings.

Additionally, as Movant is an individual member” of PACER and unable to access the court s

CM/ECF system through that avenue, Movant hereby REQUESTS that the Court grant Movant
leave to “register as a Filing User in the Electronic Filing System solely for purposes of the action.”

L.R, CV-5(a)(2)(B), Local Rules of the Eastern District of Texas.
It is the understanding of the putative Amicus that this Court does not require the filing of the
proposed Amicus Brief as an exhibit to this Motion for Leave. Given the narrow window for a
decision in this action, given that the Congressional proceedings addressed herein are to take place
on January 6, 2021, Movant believes it particularly appropriate to file this Motion for Leave
immediately and to file the Amicus Brief, if allowed, through the court’s CM/ECF system. Should
the Court nonetheless require that a copy of the Proposed Amicus Brief be attached to the Motion

for Leave, Movant REQUESTS that the Court allow a brief period for Movant to supplement this
motion with the proposed Amicus Brief.

1 Since the passage of The Electoral Count Act of 1887, the statute has rarely been cited, let atone construed, and
its constitutionality has not been challenged.

2

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JURISDICTION
As an initial matter, Movant notes a potential issue of the Court s subject matter jurisdiction.
While it may be premature for Amicus to raise the existence of a controversy sufficient to
support this court’s jurisdiction prior to being granted leave to appear as an Amicus and prior to
the filing of a responsive pleading by defendant, Movant notes that the parties to this action
Republicans seeking to extend the term of the sitting President and Vice-President on the one hand
and the sitting Vice-President whose tenure in that position would potentially be extended by a
ruling in Plaintiffs’ favor may not be deemed sufficiently adverse to present an actual
controversy2, at least without the intervention of additional parties. Presuming that jurisdiction
may be found to exist or may be created by the intervention of additional parties, Movant files this
motion.

MOVANT S INTEREST
Fed.R.App.P. 29 (a)(3), concerning the form and timing of a Motion for Leave to File Amicus
Brief in appellate proceedings, is largely inapposite in this instance. However, Movant will
attempt to address the matters of Movant’s interest and loyalties as addressed therein.

Movant is an American citizen, a registered voter, a retired attorney who is a Member (on inactive
status) of the State Bar Associations of Mississippi and Alabama, and a former federal law clerk.
Movant has taken an oath on multiple occasions, both as an attorney and as a federal employee, to
support and defend the Constitution of the United States. It is in furtherance of this duty that

2 Moore v. Charlotte-Mecklenburg Bd. of Educ.. 402 U.S. 47 (1971); United States v. Johnson. 319 U.S. 302 (1943);
Muskrat v. United States. 219 U.S. 346 (1911); Braxton County Court . West Virginia. 208 U.S. 192 (1908); Smith v.
Indiana. 191 U.S. 138 (1903); Lampasas v. Bell. 180 U.S. 276 (1901); Tregea v. Modesto Irrigation District. 164 U.S.

179 (1896); California v. San Pablo & T.R.R., 149 U.S. 308 (1893); South Spring Hill Gold Mining Co. v. Amador
Medean Gold Mining Co.. 145 U.S. 300 (1892); Chicago & Grand Trunk Rv, v. Wellman. 143 U.S. 339 (1892):.Lord v.
Veazie. 49 U.S. (8 How.) 251 (1850).

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Movant seeks leave to file a Brief as Amicus Curiae. Movant, not currently licensed to practice
law, does not represent any other party in connection with this matter, choosing to act on his own
behalf, pro se, as a friend of the court.

Movant has not been hired or even in contact with any party to this action or any person on behalf
of the parties or their counsel. Movant s interest arose out of private debate over the proposed use
of The Electoral Count Act of 1887, 3 U.S.C. §15, on January 6, 2021, by Representative Morris
Jackson Mo Brooks, Jr. (R-AL) and others. Movant began work on a potential pro se Complaint
seeking inter alia a declaration that portions of said statute were unconstitutional, both facially and
as applied. Movant’s research and analysis in furtherance of that attempt informs the proposed
Amicus Brief. No attorney for any party nor any other person has been involved in the drafting of
any aspect of the proposed Amicus Brief.

CONCLUSION
Accordingly, Movant PRAYS:
a) That the court shall grant Movant, John S. Campbell, leave to file his Amicus Brief;
b) That the court shall grant Movant, John S. Campbell, leave to “register as a Filing User in

the Electronic Filing System solely for purposes of the action;
c) That the court shall allow Movant to file his Amicus Brief; and
d) That the court shall grant such other and different relief as it finds appropriate under the
circumstances.

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Mobile, Alabama 36604

[phone]
ConsultingAttorney@yahoo. com

CERTIFICATE OF SERVICE
I, John S. Campbell, Movant and putative Amicus Curiae, hereby certify that, on December 29,

2020,1 caused a copy of the foregoing Motion for Leave to File Amicus Brief and accompanying
Proposed Order to be mailed by First Class Mail, postage paid, to the following:

Howard Kleinhendler
Howard Kleinhender Esquire
369 Lexington Ave., 12th Floor

New York, NY 10017

Lawrence J. Joseph
Law Office of Lawrence J. Joseph

1250 Connecticut Avenue NW

Suite 700
Washington, DC 20036

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William Lewis Sessions
Sessions & Associates

14951 Dallas North Parkway
Suite 400
DaUas, TX 75254

Michael R. Pence
The White House
Office of the Vice-President
1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500

Acting Attorney General Jeffrey A. Rosen
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.

Washingtom, DC 20530-0001

US Attorney Stephen J. Cox
110 North College Avenue

Suite 700
Tyler, TX 75702

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