Pence, Trump attorney clash over what Trump told his VP ahead of Jan. 6, 2021

Republican presidential candidate and former Vice President Mike Pence speaks during a stop at the Indiana State Fair, Wednesday, Aug. 2, 2023, in Indianapolis. (AP Photo/Darron Cummings)

FILE - This combination of photos shows Florida Gov. Ron DeSantis speaking on April 21, 2023, in Oxon Hill, Md., left, and former President Donald Trump speaking on March 4, 2023, at National Harbor in Oxon Hill, Md. In his first week on the campaign trail as a presidential candidate, Gov. DeSantis repeatedly hit his chief rival, Donald Trump, from the right. DeSantis told a conservative radio host, “This is a different guy than 2015, 2016." Meanwhile, Trump has repeatedly attacked DeSantis from the left, suggesting Florida’s new six-week abortion ban is “too harsh” and arguing DeSantis’ votes to cut Social Security and Medicare in Congress will make him unelectable in a general election. (AP Photo/Alex Brandon, File)

WASHINGTON — Donald Trump’s defense attorney says the former president never asked Mike Pence to overturn the will of the voters in the 2020 election, but only wanted the former vice president to “pause” the certification of votes to allow states to investigate his claims of election fraud. Those baseless claims had already been rejected by numerous courts.

Speaking on several Sunday morning news shows, Trump attorney John Lauro said Trump was within his First Amendment rights when he petitioned Pence to delay the certification on Jan. 6, 2021.

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“The ultimate ask of Vice President Pence was to pause the counts and allow the states to weigh in,” Lauro said on CBS’ “Face the Nation.” He added that Trump was convinced there were irregularities in the election that needed to be investigated by state authorities before the election could be certified.

The former president on Sunday also lashed out at the judge overseeing the case, U.S. District Court Judge Tanya Chutkan. On his Truth Social platform, Trump said his legal team would be “immediately asking for recusal of this judge,” as well as to move the case outside of Washington.

The pronouncements were Trump’s latest legal wrangling, made in full public view, as he faces charges that could carry decades in prison if he is convicted.

Trump pleaded not guilty to those charges. Separately, he also faces charges that he falsified business records relating to hush money payments to a porn actor in New York and improperly kept classified documents at his Palm Beach, Florida, resort and obstructed an investigation into their handling.

Last week’s indictment chronicles how Trump and his allies, in what special counsel Jack Smith described as an attack on a “bedrock function of the U.S. government,” repeatedly lied about the results in the two months after he lost the election and pressured Pence and state election officials to take action to help him cling to power. Those efforts culminated on Jan. 6, 2021, when Trump supporters violently stormed the Capitol in an effort to stop the certification.

Speaking on ABC’s “This Week with George Stephanopoulos,” Lauro said Pence’s testimony will show Trump believed the election was rigged and that he was listening to the advice of his attorneys when he sought to delay the certification. Pence, who appeared before the grand jury that indicted Trump, said he will comply with the law if asked to testify.

“I cannot wait until I have the opportunity to cross examine Mr. Pence,” Lauro said. “He will completely eliminate any doubt that President Trump firmly believed that the election irregularities had led to an inappropriate result.”

Pence, who like Trump is seeking the Republican nomination for president in 2024, flatly rejected that Trump was merely seeking a certification “pause” during an interview Sunday, saying Trump seemed “convinced” as early as December that Pence had the right to reject or return votes and that on Jan. 5, Trump’s attorneys told him “‘We want you to reject votes outright.”

“They were asking me to overturn the election. I had no right to overturn the election,” Pence said on CNN’s “State of the Union.”

Pence’s role in certifying Joe Biden’s win over Trump in the 2020 election makes him a central figure in the prosecution against Trump on charges that he sought to overturn the will of the voters and remain in office even after the courts had roundly rejected his claims of electoral fraud. Federal and state election officials and Trump’s own attorney general also had said there were was no credible evidence the election was tainted.

The 45-page indictment details how people close to Trump repeatedly told him he had lost and that there was no truth to his claims of fraud. In one encounter days before the riot, Trump told Pence he was “too honest” after the vice president said he didn’t have the authority to reject electoral votes, the indictment says.

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