The 5th Court of Appeal on January 2 rejected the petition of the Republican congressmen claiming that Vice President Pence was the only one who could decide the electoral votes.

In a brief ruling, a panel of three justices from the 5th appellate court said it would uphold federal judge Jeremy Kernodle's decision Jan. 1 to dismiss the lawsuit by MP Louie Gohmert, Kelli.

Kernodle, the judge appointed by Trump, said that Congressman Gohmert did not suffer any legal damages in the lawsuit.

The results of the count of electoral votes in the states showed that Biden had won 306 votes, higher than the threshold of 270 votes needed to win, and Trump won 232 votes.

At the parliamentary session on January 6, Vice President Pence, who also holds the position of President of the Senate, will open the electoral votes of each state for the members of the parliament to confirm, then declare.

Trump and his allies planned to "flip" the election results by having Republicans file petitions against electoral votes in battlefield states that were accused of fraud.

Pence sent a letter on December 31 to Judge Kernodle, saying he was not the right person for the defendant's position in the Republican congress' s petition.

"The vice president, the only defendant in the lawsuit, is the person they want to increase power with. It's an ironic legal contradiction," said the Attorney at the US Department of Justice and representing Pence.