Donald Trump's Attacks On Mike Pence Raise Legal Questions

Donald Trump's attacks on Mike Pence have raised questions about whether they could amount to witness intimidation.

The former president was indicted for the third time on August 1, with Special Counsel Jack Smith bringing charges that focus on Trump's efforts to subvert the will of voters and block the certification of President Joe Biden's victory. Trump's assertions of widespread election fraud helped fuel the violent storming of the U.S. Capitol by a mob of his supporters on January 6, 2021.

The indictment accuses him of pressuring Pence, his vice president, and state officials to take action to help him cling to power.

Trump, currently the front runner in the race for the 2024 Republican presidential nomination, pleaded not guilty on Thursday to charges including conspiracy to defraud the U.S. and conspiracy to obstruct Congress' certification of Biden's electoral victory. He has framed the charges as political persecution designed to harm his 2024 campaign.

Pence, who is also making a White House bid, has criticized Trump on the campaign trial.

He seized on the news of Trump's latest indictment by unveiling merchandise that quoted from it. Pence's campaign is offering T-shirts and baseball caps that feature the phrase "Too Honest"—a reference to an episode in the indictment in which Trump called Pence to berate him over his refusal to go along with Trump's plan to overturn the results of the 2020 election.

Pence's actions have prompted the ire of Trump supporters, who confronted him and called him a "sellout" during a campaign stop in New Hampshire on Friday.

Pence was also a target of rioters at the Capitol after Trump publicly criticized him for not going along with a plan to reject Electoral College votes on January 6, 2021.

Trump on Saturday night posted on his Truth Social that Pence had "gone to the Dark Side."

"I never told a newly emboldened (not based on his 2% poll numbers!) Pence to put me above the Constitution, or that Mike was 'too honest,'" Trump wrote. "He's delusional, and now he wants to show he's a tough guy."

Lawyer Aaron Parnas has questioned whether such posts could put Trump in further legal jeopardy.

"Donald Trump is now attacking Mike Pence on Truth Social," Parnas wrote in a post on X, formerly Twitter. "Remember, Pence will be a key witness in Trump's January 6th trial.

"Are comments like these witness intimidation or just attacks against a political opponent? A key question that will likely have to be answered."

"A protective order is standard in almost all criminal cases, but is especially important in a case like this one where the defendant has a higher likelihood of sharing confidential discovery with third parties," Parnas told Newsweek.

"While I do not believe Trump's latest comments targeting Pence rise to the level of witness intimidation, he does need to be careful about making incendiary comments about any potential witness, especially comments related to the third indictment," he said. "Trump is towing a very delicate line here, and could get himself into trouble with the court if he continues to make comments like these. But, as with most things with Trump, we are in unique legal territory as we've never had a former President indicted, especially one who is running for public office again."

He added: "Overall, Trump's online posts, while potentially helpful politically, do him no favors in the courtroom where he is facing the possibility of real prison time."

Michael Steele, former chairman of the Republican National Committee, wrote: "Trump continues in witness intimidation. Trump knows this feeds the beasts that want to 'hang Mike Pence'. The judge needs to shut this down. Now. It will not get better."

However, one commenter on X said that Trump has "every right" to go after a rival in the race for the Republican presidential nomination.

"Mike Pence isn't just a witness in the DOJ witchhunt against Trump," the X user wrote. "He's a competitor in the Republican presidential primary and Donald Trump has every right to go after him."

In an interview with CBS' Face the Nation airing Sunday, Pence said he has "no plans" to testify against Trump if the case goes to trial, but did not rule it out.

"We'll respond to the call of the law, if it comes and we'll just tell the truth," he said.

This comes after the Justice Department asked U.S. District Court Judge Tanya Chutkan, who is overseeing the case, to issue a protective order after Trump wrote a threatening post on Truth Social.

"IF YOU GO AFTER ME, I'M COMING AFTER YOU!" Trump wrote in the post.

Chutkan on Saturday gave Trump's legal team until 5 p.m. on Monday to respond to the government's request, and later denied a request for an extension.

Prosecutors said the protective order is "particularly important in this case" because Trump has posted on social media about people "associated with legal matters pending against him."

Newsweek has contacted spokespeople for Trump and Pence for comment via email.