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Trump Accuses Pence Of Trying To ‘Curry Favor’ With DOJ In Federal Election Case To Avoid Criminal Charges

November 29, 2023

Topline

Former President Donald Trump accused former Vice President Mike Pence in a court filing Monday of trying to ingratiate himself with prosecutors investigating the 2020 election as a way to get out of facing separate criminal charges for retaining classified documents — though an ABC News report on Pence’s testimony Tuesday suggests that while the ex-VP had harsh comments about Trump and his attorneys, he also emphasized his loyalty to the former president.

Then-President Donald Trump and Vice President Mike Pence stand together during a campaign rally on … [+] November 26, 2019 in Sunrise, Florida.

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Key Facts

Trump accused Pence of trying to “curry favor” with prosecutors in a court filing late Monday night, pointing to the fact Pence was under investigation by the DOJ at the time for classified White House documents found at his home, and that prosecutors ended the probe in June without bringing any charges against the former VP.

Pence had an incentive to “[provide] information that is consistent with the Biden Administration’s preferred, and false, narrative” in the DOJ’s investigation into the aftermath of the 2020 election, Trump’s attorneys alleged, so that he could avoid criminal charges in his documents case.

Pence, whom Trump pressured to block Congress from certifying the 2020 election on January 6, 2021, testified to the grand jury as part of the DOJ’s investigation into the election’s aftermath, which ultimately resulted in federal prosecutors bringing felony charges against Trump.

According to sources cited Tuesday by ABC News, Pence told prosecutors he believed Trump’s attorneys who pushed to overturn the results were “cranks” who “did a great disservice to the president and a great disservice to the country,” and that “there was no idea more un-American” than Trump’s claims Pence could single handedly block the election results.

While Pence reportedly said Trump “acted recklessly” on January 6 and nearly pushed the U.S. into a “constitutional crisis,” the former vice president also reportedly told prosecutors he “never believed” Trump meant for the riot at the Capitol that day to turn violent, and he remained loyal to Trump at the time.

Pence’s spokesperson has not yet responded to a request for comment, and a Trump spokesperson told ABC News about Pence’s reported testimony, “Tens of millions of Americans, including Vice President Pence … have had grave and serious concerns about the legitimacy of the … 2020 Presidential Election, further proving that the lawless indictment against President Trump should be summarily dismissed.”

Contra

Pence testified to prosecutors that he seriously considered skipping the vote count on January 6 because there were “too many questions” about the election and certifying the election results would be “too hurtful to my friend,” referring to Trump, according to ABC News. The former vice president ultimately decided to preside over the vote count after his son reminded him of his “oath to support and defend the Constitution,” Pence reportedly told investigators.

What To Watch For

Trump is scheduled to go to trial in the federal election case in March 2024, and he faces four felony charges for conspiracy and obstruction, which could all carry prison sentences if he’s convicted. The former president has pleaded not guilty to the charges against him and is seeking to have them dismissed, which remains pending. It’s expected that Pence could be called as a witness at the trial.

What We Don’t Know

Trump’s attorneys asked the district court in its filing Monday to force the DOJ to turn over documents related to the classified documents investigation into Pence and prosecutors’ decision not to bring charges. It’s not clear yet if the court will side with Trump’s request, however, and the ex-president has also asked for other information including evidence that Trump believes will help his defense, such as security requests from January 6 that would back up Trump’s claims he wanted sufficient National Guard troops “to make sure it was a safe event,” and documents related to foreign interference in the 2020 election and election security. Before Trump filed his request Monday for the documents related to Pence, U.S. District Judge Tanya Chutkan, who’s overseeing the case, separately denied a request from Trump to subpoena documents from the House January 6 Committee.

Surprising Fact

While Trump’s claims in the court filing Monday argue Pence twisted his testimony about the 2020 election’s aftermath to fit investigators’ preferred narrative, ABC’s sources note that prosecutors questioned Pence largely based on comments he had already made in his book and in extensive notes he took while the efforts to overturn the election were playing out, which prosecutors obtained from the National Archives. While Pence did offer “previously-undisclosed anecdotes and details” to prosecutors, ABC reports, much of Pence’s testimony reflects public comments he’d already made, and prosecutors repeatedly asked the former vice president to confirm under oath details he’d written in his book.

Key Background

The federal charges brought against Trump for his efforts to overturn the 2020 election detail how the ex-president put pressure on Pence to block Congress from certifying the results, allegedly imploring him directly in conversations as well as through social media posts that falsely claimed Pence had the power to reject the results. Pence refused to comply with Trump’s request, spurring many of Trump’s supporters to turn against the vice president, with rioters on January 6 at the Capitol building chanting “Hang Mike Pence.” Trump has publicly attacked his ex-VP since his refusal to block the results, repeatedly slamming him on Truth Social in recent months and saying Pence is “delusional” and “not a very good person” who has made up “absolutely false” stories about Trump. Pence ran against Trump in the 2024 presidential primary, capitalizing on the former president’s indictment by emphasizing his efforts to uphold the rule of law, but ultimately suspended his campaign in October.