The Department of Justice under Joe Biden’s administration is using a memo known as the “Pence Card” as evidence in their indictment against former President Trump. The memo, which was initially published by National File, outlines how Vice President Mike Pence had a legal and constitutional obligation to reject the certification of electors from states where illegal changes to election laws occurred and instances of fraud were found during the 2020 presidential race. However, instead of taking action, Pence chose not to intervene.
The charges against President Trump in Washington, DC go beyond the allegation that he incited an insurrection on January 6th, 2021. They also directly challenge the principles of American governance and the constitutionally-prescribed electoral procedures.
By using the “Pence Card” memo as evidence in their case, the DOJ is essentially questioning the authority of the Vice President to ensure the legitimacy of the election results and uphold the will of the American people. The indictment against President Trump quotes the memo as falsely asserting that the Vice President could disqualify legitimate electors from targeted states and unlawfully declare Trump the winner of the election.
Prosecutor Jack Smith and the DOJ’s actions seem to set a precedent that could potentially lead to the prosecution of future Vice Presidents who raise concerns about the legitimacy of electors from contested states. This move undermines the constitutional duties assigned to the Vice President and raises doubts about the legitimacy of the electoral process.
Contrary to the claims made by the DOJ, both the U.S. Code and the U.S. Constitution actually require the Vice President to reject the certification of unlawful electors. National File previously reported in 2020 that sources within the Trump administration believed that Pence had a constitutional obligation to reject unlawful Electoral College certificates. According to their interpretation, the federal check on states’ elections lies with the Vice President in his role as President of the Senate.
However, Pence did not exercise his authority on December 23, 2020, and again on January 6th, 2021. Instead, he finalized the certification process alongside Nancy Pelosi, despite objections from elected Representatives. Pence has publicly expressed pride in certifying the 2020 Presidential Election, even though he acknowledged in interviews that contested states violated their own election laws approved by their state legislatures.
From a constitutional standpoint, Pence should have rejected electors from states that conducted their elections in violation of their own laws. Moreover, on January 6th, Pence and Pelosi violated the constitutional election process by refusing to allow the necessary number of Representatives and Senators to be present during the certification of Electoral College results.
These actions not only challenge the integrity of the electoral system but also raise concerns about the role and responsibilities of the Vice President in overseeing the election process. The use of the “Pence Card” memo as evidence in the indictment against former President Trump reflects the Biden administration’s stance on the issue and its potential impact on future elections.