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

Screenshots of Alexandria Ocasio-Cortez giving Capitol tour
@AmberJoCooperX; @aoc/BlueSky

AOC Saves The Day By Giving Bronx Middle School Group A Tour Of The Capitol Amid Shutdown

New York Democratic Representative Alexandria Ocasio-Cortez had people cheering after she stepped in to act as tour guide after a group of middle schoolers from the Bronx pulled up to the Capitol hours after the U.S. government officially shut down.

The federal government shut down early Wednesday after the White House and Congress failed to reach an agreement on federal spending. While Senate Democrats are in the minority, they hold enough seats to filibuster and are insisting that Republicans agree to extend federal subsidies for people insured under the Affordable Care Act.

Keep ReadingShow less
house with orange walls and red roof behind decorative fence

.

Alexander Lunyov on Unsplash

Homeowners Reveal Hidden Gems They Only Discovered After Buying Their Homes

Whenever you buy a house, you hope and pray for the best.

You never want an unexpected shock once everything is finalized.

Keep ReadingShow less
John Gillette; Pramila Jayapal
@AzRepGillette/X; Win McNamee/Getty Images

GOP Lawmaker Sparks Outrage After Calling For Dem Rep. To Be Executed For Urging People To Protest Trump

On Wednesday, September 25, an Arizona MAGA Republican state Representative publicly called for the execution of Washington Democratic Congresswoman Pramila Jayapal because she urged anyone displeased with MAGA Republican President Donald Trump's job performance to exercise their First Amendment right to free speech and to protest.

Apparently, urging citizens to make their voices heard was a step too far for Arizona state GOP Representative John Gillette, who responded to a clip edited out of a longer video by right-wing account The Patriot Oasis (TPO). A quick scan through Gillette's X account media posts will reveal his political leanings.

Keep ReadingShow less
Screenshots from ​@nicolekatelynn1's TikTok video
@nicolekatelynn1/TikTok

Liberal TikToker Mortified After Discovering That Her Therapist Is Hardcore MAGA

There used to be a time where politics did not have to come into every room or be a part of every conversation. But in a world with President Trump and MAGA, it's not as simple as being Red, Blue, or Green anymore.

Now, the sociopolitical climate is dangerous for many people and still very stress-inducing for others. It's important to surround ourselves with people who make us feel safe and seen—and unfortunately, that might mean cutting out people who have "different beliefs" than we do.

Keep ReadingShow less
Screenshots from @valerieelizabet's TikTok video
@valerieelizabet/TikTok

Teacher Reveals The Hilariously Familiar Way Kids Are Getting Around School Phone Bans

No matter what's being banned, or the reasons why it's being banned, kids will always find a way to access what they want.

What's funny is that teens in 2025 are now creating hacks to communicate with each other that will feel very nostalgic to Millennials.

Keep ReadingShow less