Mike Pence Undecided on Trump January 6 Charges

As Donald Trump faces the prospect of a third indictment, his former vice president, Mike Pence, said he remains unconvinced that Trump's actions in the days leading up to January 6 attack on the U.S. Capitol in 2021 were criminal.

Trump said on Tuesday that he anticipates being indicted again, saying he had received a letter informing him that he is the focus of a Justice Department investigation into alleged efforts to overturn the 2020 election.

Such letters often precede criminal charges, and new federal suits would add to the legal maelstrom Trump is facing as he seeks the 2024 Republican presidential nomination.

Republican presidential candidate Mike Pence
Republican presidential candidate Mike Pence delivers remarks at the Christians United for Israel summit on July 17, 2023 in Arlington, Virginia. The former vice president has said he in unsure if Donald Trump's actions before the January 6, 2021 attack on the Capitol building were criminal. Anna Moneymaker/Getty Images

Trump was indicted in June on charges that he illegally hoarded classified documents, as well as in charges filed in New York of falsifying business records and also allegations in relation to "hush money" payments to adult film star Stormy Daniels. He has pleaded not guilty in both cases.

According to reports, the potential charges Trump could face include conspiracy to defraud the United States.

During an appearance on CNN's State of the Union, Pence was asked if he thought Trump should be charged if the Justice Department has evidence that he committed a crime related to the January 6 incident.

"I know I did my duty that day, under the Constitution," Pence, who is also campaigning for the 2024 Republican presidential nomination, told Dana Bash.

"I've said many times that the president's words were reckless that day. I had no right to overturn the election. But while his words were reckless, based on what I know, I'm not yet convinced that they were criminal[...] I really do hope it doesn't come to that."

Pence had been a loyal defender of Trump during his presidency, but their relationship soured after the violent storming of the Capitol. Trump had falsely tried to convince Pence and his supporters that the vice president had the power to unilaterally overturn the results of the 2020 election during the certification of state electoral votes in Congress on January 6, 2021.

Pence also said that he believes the Department of Justice "has lost the confidence of the American people."

He said: "In one town hall after another, across New Hampshire, I heard a deep concern for a perception about the unequal treatment of the law and I think one more indictment against the former president will only contribute to that sense among the American people.

"And as I said, I'd rather that these issues and the judgment about his conduct on January 6 be left to the American people in the upcoming primaries and and I'll leave it at that."

Newsweek contacted the Pence and Trump campaigns for further comment via email on Sunday.

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