Skip to content
Search AI Powered

Latest Stories

Prosecutors Keep Tying the Attack on the Capitol to Trump’s Threats on Pence

Prosecutors Keep Tying the Attack on the Capitol to Trump’s Threats on Pence
BRENDAN SMIALOWSKI/AFP/Getty Images

There is increasing interest around the pivotal role Trump was urging former Vice President Mike Pence play on January 6, as set forth in the damning Eastman memo. Essentially, the White House and its allies were pressuring Pence to go far outside his constitutionally and legally prescribed role by nullifying the electoral votes of several swing states and throwing the contest to the House of Representatives, where the GOP holds a state delegation advantage. This plan apparently even included actual faked electoral certifications from several states. (The number of “alternate electoral slates” submitted to Congress has grown and now exactly matches the seven “dual slates” Eastman refers to in the first line of his memo—a pretty clear indication that Eastman and Trump were well aware if not actually coordinating this scheme.)


The January 6 Committee wants Pence to speak to them about the pressure he was put under by the White House, but that may not happen. Pence probably doesn’t face any legal jeopardy in the larger investigation, having ultimately rejected the Eastman plan at the advice of no less than three legal advisers (including the federal circuit judge for whom Eastman once clerked). But Pence does face significant political jeopardy, with his ambitions for a presidential run in 2024 imperiled should he provide Trump’s enemies a way to skewer him.

But something else caught the attention of sleuths in the discussions around Pence’s role in the attempted coup. As the New York Times reported earlier this week, albeit fairly far down in its piece on Mike Pence, federal prosecutors have been requesting defense attorneys insert some curious language into plea deals of defendants charged with violent attacks that day.

One woman who had smashed a window at the Capitol admitted in writing that she had marched on the building after hearing Trump encourage Pence “to do the right thing.” The papers also specify that she filmed herself saying, “We are marching on the Capitol to put some pressure on Mike Pence” and that once at the building, she began telling others “what Pence’s done” and encouraged people carrying tools like hatchets to break the window.

One of the Proud Boy defendants admitted as part of his guilty plea that he had conspired with others to “send a message to legislators and Vice President Pence” who were inside the Capitol certifying the final stage of the election. He hoped legislators and the vice president would “act differently during the course of the certification of the Electoral College vote than they would have otherwise.”

Why bother talking about Pence and Trump in these plea deals? For those hoping for positive signs, this is the kind of evidence that prosecutors could in theory use to build a criminal case before a grand jury. If many witnesses attest that Trump’s attacks on Pence led them to their actions that day, there would be a stronger case that Trump should be charged with incitement or corrupt obstruction of Congress. After all, we would now have the three pieces of a classic crime including motive (Trump wanted Pence to halt the electoral count so Trump could hang on to power), instrumentality (Trump gathered his followers and told them to march on the Capitol) and opportunity (he watched all this mayhem unfold for 187 minutes ignoring pleas that he act to stop it).

One of the biggest hurdles prosecutors face in bringing charges against Trump for January 6 is proving that his actions (or inactions) were the cause of the attack on the Capitol. Trump has been clever, however, inserting words like “peacefully” in his speeches even as he asked his followers to “fight like hell” and his lackeys such as Giuliani call for “trial by combat.” What would a reasonable person conclude that Trump wanted his followers to do, given the totality of the circumstances? Why were so many chanting “Hang Mike Pence!” as they stormed the building? Hearing directly from those who took Trump’s exhortations as a call to attack the Capitol and target Mike Pence would go a long way toward closing that causality gap, especially if such a belief was shown to be widespread among the insurrectionists.

There of course may be other plausible reasons prosecutors are obtaining these specific confessions from defendants as part of the record. For example, they may simply want the defendants’ true motives to be fully articulated to support their recommended sentencing. But given that the public is clamoring for any sign that the Justice Department intends to bring actual charges against those at the top most responsible for the attack, these plea deals referring somewhat unexpectedly to Pence and Trump’s attacks on him are certainly an interesting development.

For more political analysis, subscribe to the Status Kuo newsletter.

More from People/donald-trump

Tim Kaine; Eric Schmitt
Anna Moneymaker/Getty Images; Allison Robbert/AFP via Getty Images

Tim Kaine Rips GOP For Misspelling 'Military' In Poster Bemoaning Lowered Standards In Military

Virginia Democratic Senator Tim Kaine called out Republicans after noticing they misspelled "military" in their presentation griping about "DEI" during the Senate confirmation hearing of former Fox News host Pete Hegseth for the Secretary of Defense position, which would put him in charge of the nation's armed forces.

Missouri Republican Senator Eric Schmitt used the hearing as an opportunity to rail against diversity, equity, and inclusion (DEI) initiatives that the GOP has argued are discriminatory and try to address racial discrimination by disadvantaging other groups, particularly white Americans.

Keep ReadingShow less
Screenshot of Pete Buttigieg
Ford School of Public Policy/YouTube

Buttigieg's Poignant Rallying Cry Not To 'Give Up' As Trump Reenters White House Has People Emotional

In remarks at the Ford School of Public Policy at the University of Michigan, outgoing Secretary of Transportation Pete Buttigieg offered some poignant advice to students, telling them not to "give up" as President-elect Donald Trump prepares his return to the White House next week.

Buttigieg urged students not to give in to despair or disengage in the face of another Trump term, saying:

Keep ReadingShow less
Ilona Maher
Dan Mullan/Getty Images

Rugby Star Ilona Maher Shows Off One Of Her Lesser-Known Skills In Hilarious Viral Video

Rugby star and Olympic medalist Ilona Maher can add mad parking skillz to her resume, along with excellence on the pitch and on the dance floor of Dancing with the Stars.

Maher, who started playing for the Bristol Bears in the Premiership Women's Rugby League on January 5 after signing with them in December, shared her proud achievement of parallel parking.

Keep ReadingShow less
Glenn Close
Amy Sussman/Getty Images

Glenn Close Reveals Why She Hasn't Been In A Relationship In A Decade—And It Makes Sense

Luminary star of the stage and screen Glenn Close revealed why she has been single for a decade during Tuesday's appearance on The Drew Barrymore Show.

The Academy Award-nominated actor has been married three times, with each ending in divorce. Her last marriage was to executive and venture capitalist David Evans Shaw, to whom she was married since February 2006 before divorcing in August 2015.

Keep ReadingShow less
Greenland resident interviewed by Fox News; Donald Trump
Fox News

Fox Reporter Makes Hilariously Awkward Admission About Greenlanders' Support For Trump Threats

Fox News reporter Alex Hogan made an awkward admission about how Greenlanders feel about President-elect Donald Trump's threats to buy the island territory, noting that "most" don't support or appreciate his push to take control of it.

Greenland is an autonomous territory of the Kingdom of Denmark, alongside the Faroe Islands, the only other autonomous territory within the Kingdom. Citizens of both Greenland and the Faroe Islands are full citizens of Denmark. As one of the Overseas Countries and Territories of the European Union, Greenland’s citizens are also recognized as EU citizens.

Keep ReadingShow less