Trump says Mike Pence received terrible advice regarding the certification of the Electoral College.
Former President Donald Trump had a candid conversation with Tucker Carlson on Aug. 23, shedding light on the strained relationship between him and former Vice President Mike Pence. According to Trump, Pence “got very bad advice” regarding his role in the certification of electoral votes.
Their once-strong bond deteriorated after Congress certified the electoral votes on Jan. 6, 2021. The disagreement stemmed from a difference in opinion on the constitutional scope of Pence’s authority over the process.
Trump and his legal team argued that Pence had the power to reject electoral votes from states with allegations of widespread election fraud, citing the 12th Amendment and Electoral Count Act of 1887.
Pence’s legal team, however, aligned with Democrats and argued that his power to certify electoral votes was merely ceremonial. They maintained that he couldn’t accept or reject electoral slates at his discretion.
‘Human Conveyor Belt’
During his interview with Carlson, Trump emphasized that Pence received misguided advice from his lawyers regarding his authority over the process.
Trump stated, “In my opinion, Mike Pence had the absolute right to send the votes back to the legislatures.” He believed that any other interpretation would reduce Pence to a mere “human conveyor belt.”
Trump recalled his conversation with Democrats, saying, “You mean if he finds fraud in Pennsylvania, in Georgia, in any of these states, Arizona, he has to send them to Mitch McConnell, right?” The response was affirmative, which Trump found unacceptable.
According to Trump, several lawyers supported his position, suggesting that Pence could have returned electoral slates to contested states for further scrutiny due to fraud concerns.
Election of 1800
Trump also drew parallels to the election of 1800, a highly contentious race in American history. Vice President Thomas Jefferson presided over the certification of electoral results despite being a candidate himself. Despite procedural irregularities in Georgia’s electoral slate, Jefferson counted the votes in his favor.
John Eastman, a prominent advocate for expansive vice presidential power in certifying electoral results, cited this historical example to argue that Pence had the right to reject certain electoral slates.
“I think [Vice President Pence] got very bad advice,” Trump expressed. “I really do.
“Now, let me tell you what happened. I sat there with a few people. I think his lawyer was in the room. His lawyer was very much against it. There were other lawyers that felt you could do it. It was one of those things.
“I think you could have done it. I think you can always do something if you see fraud or if you see problems, but it’s very interesting.
“So after the election was over, the RINOs [Republicans in Name Only] got together with the Democrats, and they redid the election [law], so you couldn’t do it anymore,” Trump referred to the Electoral Count Act of 2022, passed by the lame duck 117th Congress, which explicitly defined the vice president’s role as purely ceremonial.
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