Democracy Has Prevailed.

November 29, 2023

What Mike Pence Told Jack Smith

 From ABCNews:

Speaking with special counsel Jack Smith's team earlier this year, former Vice President Mike Pence offered harrowing details about how, in the wake of the 2020 presidential election, then-President Donald Trump surrounded himself with "crank" attorneys, espoused "un-American" legal theories, and almost pushed the country toward a "constitutional crisis," according to sources familiar with what Pence told investigators.

The sources said Pence also told investigators he's "sure" that -- in the days before Jan. 6, 2021, when a violent mob tried to stop Congress from certifying the election -- he informed Trump he still hadn't seen evidence of significant election fraud, but Trump was unmoved, continuing to claim the election was "stolen" and acting "recklessly" on that "tragic day."

Pence is the highest-ranking current or former government official known to have spoken with the special counsel team investigating efforts to overturn the 2020 election. What he allegedly told investigators, described exclusively to ABC News, sheds further light on the evidence Smith's team has amassed as it prosecutes Trump for allegedly trying to unlawfully "remain in power" and "erode public faith" in democratic institutions.

Some details:

Sources said that investigators' questioning became so granular at times that they pressed Pence over the placement of a comma in his book: When recounting a phone call with Trump on Christmas Day 2020, Pence wrote in his book that he told Trump, "You know, I don't think I have the authority to change the outcome" of the election on Jan. 6.

But Pence allegedly told Smith's investigators that the comma should have never been placed there. According to sources, Pence told Smith's investigators that he actually meant to write in his book that he admonished Trump, "You know I don't think I have the authority to change the outcome," suggesting Trump was well aware of the limitations of Pence's authority days before Jan. 6 -- a line Smith includes in his indictment.

Christmas Day, 2020. 

Sometime ago, The NYTimes reported on Trump's "pressure campaign" to convince Pence to halt the count. It included this:

By Jan. 4, Mr. Pence and Mr. Jacob were sitting in the Oval Office with Mr. Trump and Mr. Eastman. At the meeting, Mr. Jacob recalled, Mr. Eastman admitted in front of the former president that his plan violated the Electoral Count Act.

Still, Mr. Trump and Mr. Eastman pressed on, continuing with meetings and calls the next day. Mr. Jacob took notes. On Jan. 5, Mr. Eastman told him directly: “I’m here to request that you reject the electors.”

But as they discussed the legal arguments, it became clear Mr. Jacob had the law on his side. Mr. Eastman admitted his theories would fail 9 to 0 before the Supreme Court, Mr. Jacob said.

January 4, 2021. 

So, reporting suggests that the Smith investigation was so "granular" that it was asking for an explanation about where the correct comma placement should have been in Pence's explanation to Trump that the Vice President has no authority to change the outcome of a presidential election. And yet Trump persisted in his pressure on Pence.

They're really digging into the details.

That being said, do you think they dug into this?

That's the record of the White House switchboard the day before Trump's mob stormed the Capitol. At 10:10pm on that day Pennsylvania State Senator Doug Mastriano called Donald Trump. According to the record, the call lasted 4 minutes after which, Trump told the operator that Mastriano will be calling Pence.

Do you think Jack Smith will be asking about those conversations?

Does Doug Mastriano think that Jack Smith will be asking about those conversations?