In a statement on Tuesday, Trump said the committee investigating the deadly January 6 attack on the Capitol should instead probe "why Mike Pence did not send back the votes for recertification or approval". And on Sunday, he blasted Pence, falsely declaring that "he could have overturned the Election!"
Vice presidents play only a ceremonial role in the counting of Electoral College votes, and any attempt to interfere in the count would have represented an extraordinary violation of the law and an assault on the democratic process.
Pence, in his remarks on Friday (local time) to the group of lawyers in Lake Buena Vista, described January 6, 2021 as "a dark day in the history of the United States Capitol" and framed his actions that day as in line with his duty as a constitutional conservative.
"The American people must know that we will always keep our oath to the Constitution, even when it would be politically expedient to do otherwise," he told the group on Friday.
He noted that, under Article II Section One of the Constitution, "elections are conducted at the state level, not by the Congress" and that "the only role of Congress with respect to the Electoral College is to open and count votes submitted and certified by the states. No more, no less."
He went on to call out those who have insisted that isn't the case.
"Frankly there is no idea more un-American than the notion that any one person could choose the American president," he added. "Under the Constitution, I had no right to change the outcome of our election. And Kamala Harris will have no right to overturn the election when we beat them in 2024."
The audience applauded Pence's line about beating the Democrats in the upcoming presidential election, but remained silent when Pence said earlier that "Trump is wrong".
As Pence countered Trump in Florida, Republican officials gathered in Utah to align themselves even more closely with the former president. The Republican National Committee censured Representatives Liz Cheney, of Wyoming, and Adam Kinzinger, of Illinois, for participating on the committee investigating the January 6 insurrection. The GOP also assailed the panel for leading a "persecution of ordinary citizens engaged in legitimate political discourse".
Pence was inside the Capitol on January 6, presiding over the joint session of Congress to certify the presidential election, when a mob of Trump's supporters violently smashed inside, assaulting police officers and hunting down lawmakers. Pence, who released a letter moments before the session got underway that made clear he had no authority to overturn the will of the voters, was rushed to safety as some rioters chanted "Hang Mike Pence!"
The former vice president, in his remarks on Friday, acknowledged the lingering anger among many in Trump's base, even as he said it was time "to focus on the future".
"The truth is, there's more at stake than our party or political fortunes," he said. "Men and women, if we lose faith in the Constitution, we won't just lose elections — we'll lose our country."
Trump aides did not immediately respond to requests for comment on the speech. Trump released a statement shortly after that slammed the January 6 committee, but notably made no mention of Pence.
Trump's escalating rhetoric comes as he is under growing scrutiny from the committee, which has now interviewed hundreds of witnesses, issued dozens of subpoenas and obtained reams of government documents that Trump tried to keep hidden.
It also comes as a bipartisan group of lawmakers push to update the Electoral Count Act to eliminate any ambiguity about the vice president's role.
Pence has so far tried to thread a needle on his actions on January 6, which continue to enrage large portions of Trump's base, posing a potential complication if he runs for president in 2024.
In recent months, he has generally refrained from voluntarily raising the events of that day but has defended his actions when pressed, saying he was abiding by his constitutional role. Last year, he said in a speech that he will "always be proud that we did our part on that tragic day to reconvene the Congress and fulfilled our duty under the Constitution and the laws of the United States".
He has also accused Democrats and the media of continuing to focus on the insurrection to score political points against Republicans and divert attention from Biden's agenda.
While a basic declaration of fact, Pence's decision to describe Trump as "wrong" was especially significant given Pence's posture in the White House. As Trump's vice president, Pence was exceptionally deferential to him, never publicly voicing disagreement and defending even his most controversial actions.
After spending several months lying low after leaving the White House, Pence has returned to the public spotlight. He launched his own political advocacy group and has been travelling the country, visiting early voting states, delivering speeches and hosting fundraisers for midterm candidates. Pence, unlike some possible 2024 presidential contenders, has notably declined to rule out running against Trump. He is also working on a book.
Democratic Representative Bennie Thompson, of Mississippi, the chair of the January 6 committee, and Democratic Representative Adam Schiff, of California, have both said they plan to call Pence to testify as part of their investigation. It is so far unclear what Pence will do.
