Pence Says He ‘Had No Right To Overturn The Election’—And Trump Is ‘Wrong’ To Claim He Did

Topline

Former Vice President Mike Pence said in a speech Friday he had “no right to overturn” the 2020 election, and said former President Donald Trump was “wrong” to claim Pence could have reversed the election’s outcome when Congress met to certify the results 13 months ago, marking one of Pence’s strongest breaks with Trump.

Key Facts

Speaking at a Federalist Society event in Florida, Pence said he believes the presidency belongs to the American people: “Frankly, there is almost no idea more un-American than the notion that any one person could choose the American president.”

Pence was responding to a statement Trump released earlier this week insisting Pence had the authority to overturn the results of the 2020 election on January 6, 2021, when he presided over a session of Congress that certified the electoral votes in the 2020 presidential election.

Pence has previously asserted he did not have the authority to override Trump’s loss: On the morning of January 6, he told Congress the Constitution constrained him “from claiming unilateral authority to determine which electoral votes should be counted and which should not,” and he said in November he looked to founding father James Madison and the Bible while certifying the results.

Crucial Quote

“There are those in our party who believe that as the presiding officer over the joint session of Congress, I possessed unilateral authority to reject electoral college votes,” Pence said. “Under the Constitution, I had no right to change the outcome of our election. And Kamala Harris will have no right to overturn the election when we beat them in 2024.”

Key Background

Trump has repeatedly expressed frustration that Pence did not go along with Trump’s request that he reject the Electoral College votes from states where Trump claimed without evidence that his loss was due to fraud, or to send back some of the results to legislators to reassess. The consensus among legal experts is that the vice president doesn’t have the power to do so. Trump has continued to cast doubt over the integrity of the election, spreading unfounded claims of voter fraud and tampering. In his final days in office, Trump reportedly had a direct role in exploring an attempt to seize voting machines from key swing states—an executive order was reportedly drafted to obtain the machines, though it was never enacted.

What We Don’t Know

How Pence and Trump’s fraught relationship may affect their political futures. Speculation that Pence may be considering a presidential run in 2024 increased after campaign-style stops in New Hampshire last year. Pence did not rule out a run in December, telling CNN he and his family will pray and reflect in 2023, “and determine where we might best serve, and we’ll go where we’re called.”

Further Reading

Inside the remarkable rift between Donald Trump and Mike Pence (The Washington Post) 

Here’s Why Pence Can’t Overthrow Biden’s Win (Despite What Trump May Hope) (Forbes) 

Pence appears to set up a presidential run – can he win over Trump’s base? (The Guardian)