Well, it seems Gohmert and his band of crazies filed that suit against Pence because Pence wouldn’t act out their script. In a filing today following up on the lawsuit asking for an expedited hearing, Gohmert admitted he or his lawyers had tried to talk Pence into subverting the election (they didn’t put it that way, of course):
Prior to filing of this lawsuit, Plaintiffs' counsel presented a written statement of the specific relief requested and summary of Plaintiffs legal arguments by e-mail to the Office of the Counsel for the Vice President. Prior to moving for emergency relief, Plaintiffs' counsel conferred via telephone with the Counsel to the Vice President and provided an as-filed copy of the Complaint and an unsigned final copy of Plaintiffs Motion via email. In the teleconference, Plaintiffs' counsel made a meaningful attempt to resolve the underlying legal issues by agreement, including advising the Vice President's counsel that Plaintiffs intended to seek immediate injunctive relief in the event the parties did not agree. Those discussions were not successful in reaching an agreement and this lawsuit was filed. Counsel for the Vice President was promptly furnished a copy of the Complaint and Plaintiffs Motion.
This was reported in The Hill, which added:
The decision by Pence, one of President Trump’s most ardent loyalists, marks one of the most notable breaks with his boss, who has pushed lawmakers to challenge Congress’s certification of the Electoral College results. Pence will oversee the joint session on Jan. 6 during which Biden will be recognized by Congress as the victor in the White House election, though the role is largely ceremonial.
Pence has not made any public remarks indicating how he plans to handle the Jan. 6 joint session of Congress, nor has he commented on Trump’s unrelenting pressure campaign urging lawmakers to reverse the Electoral College results.
Pence (or at any rate his lawyer) has at least enough sense to recognize that what Gohmert (and Trump) want him to do is totally illegal and unconstitutional. Word of this has apparently not yet reached Trump, since at last report Mar-a-Lago has not exploded.
No wonder Pence wants to hightail it out of DC as fast as he can.