Pence Calls Trump Indictment An ‘Outrage’—But Sidesteps Questions About 2024 Impact

Topline

Former Vice President Mike Pence predicted the historic indictment of former President Donald Trump, his one-time running mate and possible 2024 rival, would “only further serve to divide our country” and cast doubt on the legal merits of the case in a CNN interview Thursday—joining the chorus of Republican lawmakers rallying around Trump after he became the first former U.S. president to be indicted.

Then-US President Donald Trump next to Vice President Mike Pence at the White House on August 3, … [+] 2020 (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)

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Key Facts

Pence called the indictment an “outrage” and a “political persecution” while claiming it was tied to a “campaign finance issue” brought by “a prosecutor who literally ran for office on the pledge to indict the former president,” he told CNN’s Wolf Blitzer, referring to Manhattan District Attorney Alvin Bragg, who has been demonized by the right for bringing the case against Trump.

Trump’s indictment is under seal and its charges haven’t been made public, but many experts think it could involve allegations that Trump violated campaign finance laws by authorizing a payment to Stormy Daniels ahead of the 2016 presidential election in exchange for her silence about a 2006 affair she says she had with Trump.

While acknowledging that “no one is above the law, including former presidents,” Pence cast doubt on the merits of the case and said the issue “never should have risen to the level to bring an unprecedented and historic prosecution.”

The former vice president tepidly criticized Trump’s warning that there would be “death and destruction if he’s indicted,” telling Blitzer, “the harsh language on either side of this is outrageous, including that [statement],” and said “no one should be protesting” over this.

Pence sidestepped questions about how the case could impact his own 2024 presidential run or Trump’s, telling Blitzer “it’s a possibility that a judge will even throw out this case” before a potential conviction, adding “I don’t want to talk about hypotheticals.”

Pivoting to attacks on President Joe Biden, Pence argued that Americans are more concerned about what he called the “failed” policies of the Biden Administration, claiming “this never came up” during his recent travels across the country as he explores a presidential run.

Pence has fallen out of favor with Trump since January 6, 2021, when his refusal to overturn Trump’s election loss led a mob of rioters to flood the Capitol building chanting “hang Mike Pence”—the former vice president has criticized Trump’s behavior on the day of the riot, but sought to avoid participating in the criminal probes swirling around Trump.

Key Background

Trump became the first former president in U.S. history to be indicted on Thursday, a person familiar with the case confirmed to Forbes. A Manhattan grand jury reportedly voted to indict Trump on more than 30 counts related to business fraud, according to CNN. The case appears to center on a $130,000 payment Trump’s former personal lawyer and fixer Michael Cohen made to Daniels ahead of the 2016 election, a deal that cost Cohen his law license after he pleaded guilty to five charges related to the scheme, including campaign finance violations. Manhattan prosecutors were widely expected to be considering a misdemeanor charge of falsifying business records against Trump, stemming from the fraudulent contract federal prosecutors said the Trump Organization used to reimburse Cohen for the payments to Daniels. The charge, which carries a maximum sentence of one year in prison, could be elevated to a felony, which carries a maximum four-year sentence, if prosecutors can tie it to a second crime, which is expected to hinge on campaign finance issues.

Chief Critic

Trump has denied having an affair with Daniels and his lawyers have claimed she extorted him for the payments. His attorneys have also argued that Cohen’s credibility issues jeopardize the case and that it exceeds the five-year statute of limitations for most misdemeanors in New York.

What To Watch For

Trump, who was in Mar-A-Lago when the Manhattan grand jury voted to indict him, is expected to turn himself into New York state court in Manhattan on Tuesday, where he will be arrested and arraigned. Trump is likely to be released under New York bail laws that require most non-violent defendants to be freed on their own recognizance.

Tangent

Pence joins a coalition of prominent Republicans, including House Speaker Kevin McCarthy (Calif.), Florida Gov. Ron DeSantis, Sen. Lindsey Graham (S.C.) and Republican Conference Chair Elise Stefanik (N.Y.), who raged against the indictment and echoed Trump’s claims that it’s a political “witch hunt” brought by a left-leaning prosecutor to prevent Trump from reclaiming the White House.