Former Vice President Mike Pence on Friday directly rebutted Donald Trump’s false claims that he somehow could have overturned the results of the 2020 election, saying that the former president was simply “wrong.”
In a speech to a gathering of the conservative Federalist Society in Florida, Pence addressed Trump’s intensifying efforts this week to advance the false narrative that, as vice president, he had the unilateral power to prevent President Joe Biden from taking office.
“President Trump is wrong,” Pence said. “I had no right to overturn the election.”
Pence’s declaration marked his most forceful response yet to Trump, who has spent his post-presidency fueling the lie that the 2020 campaign was stolen from him. And it comes as Pence begins laying the groundwork for a potential run for president in 2024, which could put him in direct competition with his former boss, who is also teasing a comeback run.
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The already strained relationship between the two men further deteriorated this week as Trump escalated his attacks on Pence.
In a statement Tuesday, Trump said the committee investigating the deadly Jan. 6 attack on the Capitol should instead probe “why Mike Pence did not send back the votes for recertification or approval.” And on Sunday, he blasted Pence, falsely declaring that “he could have overturned the Election!”
Vice presidents play only a ceremonial role in the the counting of Electoral College votes. Any attempt to interfere in the count would have represented an extraordinary violation of the law and an assault on the democratic process, sparking a Constitutional crisis.
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Pence, in his remarks Friday to the group of lawyers in Lake Buena Vista, described Jan. 6, 2021 as “a dark day in the history of the United States Capitol” and framed his actions as in line with his duty as a constitutional conservative.
“The American people must know that we will always keep our oath to the Constitution, even when it would be politically expedient to do otherwise,” he told the group Friday. He noted that, under Article II Section One of the Constitution, “elections are conducted at the state level, not by the Congress” and that “the only role of Congress with respect to the Electoral College is to open and count votes submitted and certified by the states. No more, no less.”
He went on to call out those who have insisted that isn’t the case.
“Frankly there is no idea more un-American than the notion that any one person could choose the American president,” he added. “Under the Constitution, I had no right to change the outcome of our election. And (Vice President) Kamala Harris will have no right to overturn the election when we beat them in 2024.”
The audience applauded Pence’s line about beating the Democrats in the upcoming presidential election, but remained silent when Pence said earlier that “Trump is wrong.”
Trump responded in a statement late Friday night, insisting a “Vice President’s position is not an automatic conveyor if obvious signs of voter fraud or irregularities exist.” Trump's claims of fraud have been rejected by dozens of state, local and federal elections officials, numerous judges — including some Trump appointed — and Trump's attorney general. All have said the vote was fair.
As Pence countered Trump in Florida, Republican officials gathered in Utah to align themselves even more closely with the former president. The Republican National Committee censured Reps. Liz Cheney of Wyoming and Adam Kinzinger of Illinois for participating on the committee investigating the Jan. 6 insurrection. The GOP also assailed the panel for leading a “persecution of ordinary citizens engaged in legitimate political discourse.”
Pence was inside the Capitol on Jan. 6, presiding over the joint session of Congress to certify the presidential election, when a mob of Trump’s supporters violently smashed inside, assaulting police officers and hunting down lawmakers. Pence, who released a letter moments before the session got underway laying out his conclusion that he had no authority to overturn the will of the voters, was rushed to safety as some rioters chanted “Hang Mike Pence!”
The former vice president, in his remarks Friday, acknowledged the lingering anger in Trump’s base, even as he said it was time “to focus on the future.”
“The truth is, there’s more at stake than our party or political fortunes,” he said. “Men and women, if we lose faith in the Constitution, we won’t just lose elections — we’ll lose our country.”
Trump’s escalating rhetoric comes as he is under growing scrutiny from the Jan. 6 committee, which has now interviewed hundreds of witnesses, issued dozens of subpoenas and obtained reams of government documents that Trump tried to keep hidden.
It also comes as a bipartisan group of lawmakers push to update the Electoral Count Act to eliminate any ambiguity about the vice president’s role.
Pence has so far tried to thread a needle on his actions Jan. 6, which continue to enrage large portions of Trump’s base, posing a potential complication if he runs for president in 2024.
In recent months, he has generally refrained from voluntarily discussing the 6th, but has defended his actions when pressed, saying he was abiding by his constitutional role.
Last year, he said in a speech that he will “always be proud that we did our part on that tragic day to reconvene the Congress and fulfilled our duty under the Constitution and the laws of the United States." And while he has claimed the two men left the White House on amicable terms, he has acknowledged that he and Trump will likely never see “eye to eye” on what happened that day.
He has also accused Democrats and the media of continuing to focus on the insurrection to score political points against Republicans and divert attention from Biden’s agenda.
While a basic declaration of fact, Pence’s decision to describe Trump as “wrong” was especially significant given Pence’s posture in the White House. As Trump’s vice president, Pence was exceptionally deferential to him, never publicly voicing disagreement and defending even his most controversial actions.
After spending several months laying low after leaving the White House, Pence has returned to the public spotlight. He launched his own political advocacy group and has been traveling the country, visiting early voting states, delivering speeches and hosting fundraisers for midterm candidates. Pence, unlike some possible 2024 presidential contenders, has notably declined to rule out running against Trump. He is also working on a book.
Democratic Rep. Bennie Thompson of Mississippi, the chair of the Jan. 6 committee, and Democratic Rep. Adam Schiff of California have both said they plan to call Pence to testify as part of their investigation. It is so far unclear what Pence will do.
