Pence Challenges Trump Legal Team’s Assertions, Reveals Trump Consulted his Opinion on Post-2020 Election Actions

Former Vice President Mike Pence contradicted the claims made by some members of Donald Trump’s legal team that Trump only asked him to delay the counting of electoral votes on January 6, 2021, for the purpose of allowing audits of state election results. In an interview with “Face the Nation,” Pence stated, “That’s not what happened.” He further explained that Trump had been informed in mid-December that Pence had the authority to reject or return votes back to the states, but Pence clarified that he had no such authority.

On Tuesday, Trump was indicted for the second time on federal charges, specifically related to his efforts to maintain power after losing the 2020 presidential election. These efforts culminated in the violent attack on the U.S. Capitol on January 6, 2021. The indictment includes four charges against Trump: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

One of the allegations made against Trump is that he tried to involve Pence in using his ceremonial role to fraudulently overturn the election results on January 6. However, Pence firmly stated, “There was no discretion ever given to the vice president in history, nor should there ever be.” He emphasized that he had no right to overturn the election, just as Kamala Harris will have no such right if they defeat her in 2024. The indictment refers to contemporaneous notes taken by Pence, who confirmed the existence of these notes and their purpose of memorializing and remembering important moments.

Pence disclosed that he took these notes because of the significant events unfolding at the time. Early on, when Trump first raised the issue of overturning the election, Pence informed him that he had no authority to do so. Pence expressed his belief that no one who puts themselves above the Constitution should ever be President of the United States. He recounted an encounter with Trump before Christmas 2020 where he suggested allowing the lawsuits to play out and letting Congress consider objections. However, Pence also mentioned that he didn’t know what was going through Trump’s mind during that discussion.

When asked about testifying in Trump’s trial, Pence stated that he would if summoned, emphasizing his commitment to telling the truth. He also expressed hope that Trump would receive a fair trial in the District of Columbia. Pence concluded by stating, “Whatever the outcome of this indictment, I know I did my duty that day.”

Sophia Barkoff is a broadcast associate with CBS News’ “Face the Nation.”

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