Donald Trump's attorney John Lauro was confronted with former Vice President Mike Pence's criticisms about the former president's actions on January 6, 2021 during news appearances Sunday morning.
The Department of Justice (DOJ) on Tuesday indicted Trump for his alleged involvement in January 6, when a mob his supporters, allegedly motivated by his unfounded claims of voter fraud, rioted at the United States Capitol in a failed effort to force Congress to block President Joe Biden's Electoral College victory. The DOJ charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
Trump has maintained his innocence in the case and pleaded not guilty to all charges on Thursday. He has said he did nothing wrong on January 6, pointing to his tweet at the time that told the rioters to go home. He also maintains that the election was stolen, despite a lack of evidence, and has accused prosecutors of targeting him for political purposes as he runs again for president in 2024.
Lauro, a lawyer brought on to Trump's defense team last month, took to the cable news Sunday shows to defend the former president and was pressed with Pence's criticisms over how Trump handled the 2020 election results.
Pence has condemned Trump's handling of the 2020 election, accusing him of putting "himself over the Constitution" and pledging to always "choose the Constitution" if elected president in a series of posts made to X, formerly known as Twitter, following the latest indictment.
During an appearance on NBC News' Meet the Press, host Chuck Todd confronted Lauro with Pence's remarks that Trump and his "crackpot lawyers" did not just "ask for a pause," but specifically asked him to "literally reject votes."
Lauro, however, argued that Pence's criticisms prove Trump's defense. He said that while there were discussions "along the lines" of what Pence described, Trump's "ultimate ask" on Jan. 6 was for Pence to pause Electoral College voting. Pence, however, has rejected the idea that Trump merely wanted him to "pause" the vote.
He said Pence has "never said" that he believed Trump was acting criminally, prompting Todd to press him on Pence saying that Trump asked him to violate the Constitution.
"A technical violation of the Constitution is not a violation of criminal law. That's just plain wrong, and to say that is contrary to decades of legal statutes," he said.
Former U.S. Attorney Gene Rossi told Newsweek on Sunday that Trump's alleged actions surrounding Jan. 6 do not amount to only a "technical violation," as the Electoral College vote is "the most somber and serious decision" of the U.S. Congress.
"The certification of the electoral votes is probably the most profound decision in our Republic," he said.
Newsweek reached out to the Trump campaign for comment via email.
Lauro Says Pence Will Be 'One of Our Best Witnesses'
During an appearance on ABC News' This Week, Lauro also said he believes Pence will be one of Trump's strongest witnesses in the trial.
"Mike Pence will be one of our best witnesses at trial. I read his book very carefully, and if he testifies consistent with his book, then President Trump will be acquitted," he said.
Lauro pointed to Pence allegedly acknowledging that Trump attorney John Eastman was a renowned legal scholar and sharing concerns about discrepancies with the 2020 election.
Rossi, however, said Pence will likely be among the most devastating witnesses against Trump.
"The conversations that Pence had with Trump show a guilty mind. When the president says, 'You are too honest,' that is code for 'I know I am asking you to do something illegal,'" he said.
Rossi added that Pence had "all the motive in the world" to agree with Trump's election fraud claims, but his acting contrary to that motive will make his testimony against the former president stronger.
Meanwhile, CNN host Dana Bash pressed Lauro about Trump's own Attorney General William Barr dismissing the defense that Trump was exercising free speech rights by claiming the election was stolen. Barr has previously said that free speech does not "give you the right to engage in a fraudulent conspiracy.
Lauro said political speech allowed Trump to to advocate for his position, as well as take action to advance that position, including that he had the right to ask Pence to "pause" the electoral college vote count. Bash, however, pointed out that Trump did not have the right to "break the law" by organizing false elector schemes and opening "sham" fraud investigations.
