Special Counsel Jack Smith cited former Vice President Mike Pence’s “contemporaneous notes” multiple times in the latest indictment against former President Donald Trump on charges related to January 6.
Trump was indicted by a Washington, DC, grand jury on Tuesday on four counts, including conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction and attempt to obstruct an official proceeding, and conspiracy against rights, in relation to the January 6 Capitol Riots.
Towards the end of the 45-page indictment, Smith outlines how Trump allegedly tried to recruit Pence to “fraudulently” alter the election results multiple times in the lead-up to January 6.
On Christmas 2020, Trump allegedly called Pence to wish him a Merry Christmas, then “quickly” switched the topic and requested Pence “reject electoral votes” on January 6.
“You know I don’t think I have the authority to change the outcome,” Pence allegedly told Trump.
Vice President Mike Pence announced he would not try to decertify the electoral college votes for President-elect Joe Biden during Wednesday’s joint session of Congress. https://t.co/kStqRZQ0eW
— Breitbart News (@BreitbartNews) January 6, 2021
Then on December 29, relying on Pence’s “contemporaneous notes,” Smith alleges Trump “falsely told the Vice President that the ‘Justice Dept [was] finding major infractions.’”
Pence’s notes were also referenced in connection with a January 4, 2021, meeting with Pence, his chief of staff, his counsel, Trump, and an unnamed “Co-Conspirator 2.” Smith alleges the purpose of this meeting was to convince Pence, “based on the Defendant’s knowingly false claims of election fraud, that the Vice President should reject or send to the states Biden’s legitimate electoral votes, rather than count them.”
As the indictment alleges:
During the meeting, as reflected in the Vice President’s contemporaneous notes, the Defendant made knowingly false claims of election fraud, including, “Bottom line–won every state by 100,000s of votes” and “We won every state,” and asked—regarding a claim his senior Justice Department officials previously had told him was false, including as recently as the night before—“What about 205,000 votes more in PA than voters?”
The Defendant and Co-Conspirator 2 then asked the Vice President to either unilaterally reject the legitimate electors from the seven targeted states, or send the question of which slate was legitimate to the targeted states legislatures. When the Vice President challenged Co-Conspirator 2 on whether the proposal to return the question to the states was defensible, Co-Conspirator 2 responded, “Well, nobody’s tested it before.”
The Vice President then told the Defendant, “Did you hear that? Even your own counsel is not saying I have that authority.” The Defendant responded, “That’s okay, I prefer the other suggestion” of the Vice President rejecting the electors unilaterally.
Pence has not reviewed Smith’s indictment in its entirety, according to his statement, but told his supporters, “On January 6th, Former President Trump demanded that I choose between him and the Constitution. I chose the Constitution and I always will.”
“Our country is more important than one man. Our constitution is more important than any one man’s career,” Pence added.
Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at jdixonhamilton@breitbart.com or follow him on Twitter.
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