On August 2, 2023, National File broke the news that the Vice President, Mike Pence, has the authority and duty to send electors back to the states for recertification in the contested 2020 Presidential Election. While National File was the first to report this “Pence Card” memo, the theory itself has been around since the founding of America. However, it has now come to light that President Donald Trump’s retweet of this theory played a significant role in Jack Smith’s indictment, raising questions about the legality of retweeting legal theories in Joe Biden’s America.
The indictment against Trump stated that on December 23, the defendant retweeted a memo entitled “Operation ‘PENCE’ CARD,” which falsely claimed that the Vice President had the power to disqualify legitimate electors from targeted states. However, it is important to note that a retweet does not necessarily constitute an endorsement, as commonly understood on Twitter. Many users retweet ideas they find thought-provoking without necessarily agreeing with them. Therefore, Smith has no evidence of Trump’s intentions or beliefs when he retweeted the memo.
Even if Trump’s retweet can be seen as an endorsement of the theory, it is protected under the First Amendment. Sharing legal theories and engaging in discussions about them is a fundamental part of our democratic system. The ability to debate ideas is one of the core principles upon which America was founded. If Pence had sent the votes back to the states, it is likely that the United States Supreme Court would have intervened, as that is one of the roles entrusted to them by the founding fathers.
Furthermore, it is worth noting that the United States Senate found Trump not guilty in charges related to the events of January 6, which also involved the Pence card theory. It is interesting to observe that every Senator who voted not guilty in the impeachment trial was reelected in 2022. This suggests that the American people support the Senators’ decision and believe in the importance of fair and just elections.
The indictment of Trump by the Biden Department of Justice goes against the principles on which America was built. It undermines the values of free speech and open debate, which are at the core of our democracy. This overreach by the DOJ may backfire, as more voters become aware of the disregard for founding principles and the erosion of their rights. As a result, Trump’s popularity may continue to grow in comparison to President Biden.
In conclusion, National File was the first media outlet to report on the “Pence Card” memo, which suggests that the Vice President has the power to send electors back to the states for recertification in the 2020 Presidential Election. However, President Trump’s retweet of this theory has led to his indictment, raising concerns about the impact on free speech and the right to engage in legal debates. The Senate’s acquittal of Trump in charges related to the Pence card theory and the indictment by the Biden DOJ highlight the ongoing conflict over the interpretation of the Constitution and the protection of democratic values.
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