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Former Vice President Mike Pence in certifying Joe Biden’s victory over Donald Trump in the 2020 presidential election and former President Biden’s repeated refusal to help overturn the result. ‘s role came under the microscope in special prosecutor Jack Smith’s detailed court filing Wednesday.
In a 165-page document, Smith lays out the best evidence in the 2020 election conspiracy case against Trump, Pence’s former boss. Within its pages, the document details the hours leading up to the Capitol riot and the deterioration in relations between the two that led to a mob of Trump supporters calling for violence against Pence. .
The filing hits home in the 2024 presidential race as Vice President Kamala Harris’ campaign seeks to shift focus back to Trump’s failure to accept defeat in the 2020 election.
Vice President Trump’s role in the federal prosecution of Mr. Smith has always been one of the most notable aspects of Mr. Smith’s case. However, the Supreme Court’s ruling in the summer granted President Trump complete immunity for official actions, but left open the possibility that prosecutors could pursue unofficial actions taken by President Trump. This also explains why these exchanges form an important part of the historic new preparatory document.
Although the Supreme Court did not completely remove charges against Trump related to Pence from the case, the conservative majority said they were skeptical that Trump’s actions against Pence could be prosecuted. showed. Regarding the allegations that President Trump pressured Pence to block Congressional certification, the high court ruled that this act was an official act of “presumptive immunity” and that prosecutors were required to clear whether they wanted to proceed with the case. It was considered that the bar was set high.
In an effort to clear that hurdle, Smith closely examined the circumstances of various conversations between Trump and Pence: where they took place, who else was there, and what each party said. It argued that those interactions were beyond the scope of immunity. There is no executive function.
At least some of that evidence comes from Pence’s book, according to a footnote, and other parts come from other undisclosed sources, including contemporary notes and possibly his own grand jury testimony.
During Tuesday evening’s vice presidential debate, Harris’ running mate, Gov. Tim Walz, repeatedly criticized President Trump’s current running mate, Sen. J.D. Vance, regarding the January 6, 2021 insurrection. He pressed on, highlighting Pence’s role and asking: Donald Trump? ”
“Where’s the firewall if we know he can do anything, including elections?” Walz asked. “Will you stand up? Will you uphold your oath of office even if the president doesn’t?”
At a rally in York, Pennsylvania, on Wednesday evening, Walz said the Harris campaign would rely on Smith’s submission to strengthen its case that Trump is unfit to be president.
“There’s a reason Mike Pence wasn’t on that stage with me,” Walz said. “I served in Congress with Mike Pence, and although we disagreed on most issues, in Congress and as vice president, I was committed to Mike Pence’s ethics and commitment to this country. He never criticized him, and he made decisions about the Constitution,” Walz said.
In their filing, Smith’s team frames the conversations between Pence and Trump as conversations between a “vice presidential candidate” and a friend, making the interactions between Pence and Trump outside of the vice president’s official business. Pence tried to comfort Trump and urged him to accept what Trump had said. Electoral defeat in the weeks after the election.
Prosecutors said that on Nov. 7, when many news outlets reported that the 2020 election was for Biden, Pence allegedly tried to “encourage” the defendant “as a friend.” He told Trump he should focus on how he revived the Republican Party and “gave new life to the Republican Party.”
Prosecutors said Mr. Pence told Mr. Trump at a luncheon on November 12 that he didn’t have to concede, but “we can recognize that the process is over.” At another lunch four days later, Pence again tried to get Trump to accept the results and suggested he would run again in 2024, the filing said. However, President Trump replied, “I don’t know, 2024 is far away.”
Then, during a phone conversation on Nov. 23, President Trump reportedly told Pence that one of his personal lawyers was skeptical about the election issue.
Prosecutors said that during a private lunch on Dec. 21, Pence “encouraged” Trump “not to view the election as a ‘loss, just a break.’ Later that day, Mr. Trump asked Mr. Pence what he should do during a private discussion in the Oval Office. In response, Pence said, “After exhausting all legal procedures in the courts and Congress, if that is not enough,[Trump]should ‘take a bow.’
The filing also details how Mr. Pence relayed to Mr. Trump responses from the governors of Arizona and Georgia, who said they had “noted evidence of electoral fraud in their states.” “We cannot take any steps to convene the state.” Prosecutors say Trump ignored his running mate.
Prosecutors say Mr. Pence began increasing his demands after Mr. Trump told him he did not have the authority to decertify the election.
Prosecutors cited a memo Pence wrote at the time that said Trump and his co-conspirators were “conspiring to manipulate” the then-vice president about his role in the election certification process leading up to Jan. 6. ” is said to indicate that.
President Trump personally asked one of his co-conspirators, John Eastman, to explain to Pence why he should reject the official electoral votes of January 6. Mr. Pence took notes during the meeting, which purportedly memorialized Mr. Trump’s “remarks during times of misconduct,” Mr. Smith said. “The rules will change,” and “It’s all up to the legislators.”
Pence’s memo reportedly read, “What to do with you – you can be bold.”
While Trump began pressuring Pence “directly and repeatedly,” his co-conspirators were trying to orchestrate a pressure campaign behind the scenes, Smith said.
Prosecutors said Trump called Pence on January 1 to submit a brief opposing a lawsuit by Trump and his allies trying to force Pence to flip the election to Trump. I criticized him for submitting it. Trump told Pence on the call that “hundreds of thousands” of people “will hate your guts” and “people will think you’re stupid,” according to the filing. He also said that it was “too honest.”
On January 5, 2021, Trump met again with Pence and attempted to pressure him not to certify the electoral votes, according to the filing. Citing Pence’s book, Smith wrote that it was during that meeting that Trump threatened to publicly criticize Pence.
Smith said Pence told a person identified in the filing only as “P8” about the comment, and “P8” was so concerned about the prospect that he alerted Pence’s Secret Service detail. .
Prosecutors said Trump tried to pressure Pence again on the morning of January 6, just before he drove to the Ellipse to speak.
But Pence again refused, and Trump was “furious,” the filing said.
According to the filing, President Trump has “launched a final plan to advance the conspiracy. If Mr. Pence does not comply with his demands,[Trump]will have to find another way to block Mr. Biden’s certification as president.” “There was,” he said.
“So, on January 6th,[Trump]sent a mob of angry supporters into the Capitol. Defendants called into the city and inundated them with false claims of election fraud that would influence the outcome, and they did so by attacking Pence. “Induce the votes of eligible electors not to be certified, or interfere with certification,” the application states.
Prosecutors said Trump displayed “acts of desperation, not as a president, but as a candidate” when rioters stormed the Capitol and removed Pence to safety.
According to the filing, an unnamed White House aide said that when he received the call that Pence had been taken to a secure location, he “hoped that (Trump) would take action to ensure Pence’s safety.” ” and rushed to Mr. Trump.
But prosecutors say Trump simply looked at his aides and said, “So what?”
Prosecutors said that as the riot unfolded at the Capitol, President Trump privately tweeted that Pence “didn’t have the courage” to overturn the election results.
Prosecutors say that at the time he posted the tweet, Trump knew that his request for Pence to block the Electoral College vote was illegal and that his supporters were gathering in Washington, D.C. , who believed his own lie that the election was canceled due to his speech at the election. And we knew that its supporters had broken into the Capitol.
“At that point, alone watching the news in real time and knowing that a mob had breached the Capitol, defendant made defendant’s plea to join and help overturn the conspiracy at 2:24 p.m. “I released a tweet attacking Pence for rejecting the results of the election,” Smith wrote.
The tweet “communicated to his angry supporters that Mr. Pence has let him and them down,” Smith wrote, adding, “This was sent to address the public’s concerns and allay fears.” It’s not a message that Mr. Pence has let down himself and them.” It was the message of an angry candidate who realized he was losing power. ”
Rioters at the Capitol used bullhorns to read out the posts, according to the filing. One minute after the tweet was posted, the Secret Service was forced to evacuate Pence to a secure location inside the Capitol, Smith wrote.
Some of the people inside the Capitol then began chanting, “Hang Mike Pence!” and “Where’s Pence?” Take him out! ” and “Traitor Pence!”
CNN’s Caitlin Polantz, Jon Fritze, Devan Cole and Marshall Cohen contributed to this report.