Four Points on Pence's Argument DOJ Shouldn't Indict Trump for January 6th

As I'm sure you know by now, the January 6th Committee today made four criminal referrals to the U.S. Department of Justice regarding the conduct of defeated, former President Donald Trump prior to and during the attack on the U.S. Capitol on January 6, 2021. 

To be precise, the January 6th Committee recommended DOJ charge Trump with inciting, aid and abetting or giving comfort to an insurrection, obstruction, conspiracy to make false statements and conspiracy to defraud the United States.

Prior to the unveiling of the criminal referrals, former Vice-President Mike Pence appeared on Fox News and said DOJ ought not to indict Trump for his role the events of January 6th:

But when it comes to the Justice Department's decision about, about, about, bringing charges in the future, I, I would hope that they would not bring charges against the former president. I, I don't – look, I, as I wrote in my book – I think the president's actions and words on January 6th were reckless, but I don't know that it's criminal to take bad advice from lawyers.

Pence added that any indictment of Trump would be "terribly divisive for the country."

To this, I have four points to raise.

First, to say that it is "divisive" to indict Trump is a political argument, not a legal one. If DOJ cannot indict someone because it would be divisive then no elected official is subject to the law as such an indictment is bound to offend someone. Pence is essentially arguing we are a nation of men and not a nation of laws and that Trump is basically above the law.

Second, Pence claims it isn't illegal to take bad advice from lawyers. But it is illegal to take unlawful advice from lawyers. Indeed, Sidney Powell, Lin Wood and Rudy Giuliani have all been sanctioned for their conduct in advising Trump. It is also well worth remembering, as emphasized in today's closing January 6th hearing, that most people advising Trump including members of his family urged him to concede the election. Trump disregarded their advice in favor of that of Powell, Wood and Giuliani and is responsible for the consequences of that decision. 

Third, Pence's argument is self-serving. After all, he has presidential ambitions of his own and cannot win the GOP nomination without the blessing of Trump supporters. So he's going to tell Trump supporters he doesn't think Trump should be indicted. The only problem is a great many Trump supporters still want to hang him for not going along with Trump's scheme. And why did Pence not go along with Trump's scheme? Because it was unlawful.

Finally, Pence ultimately wants to get back into Trump's good graces and maybe even be his running mate again. It is more likely than not that Trump will be the Republican nominee and Pence has no future in the Republican Party unless he gives Trump his support in exchange for his forgiveness. But even if Pence does support Trump's 2024 bid, Trump has made it clear he doesn't want to be Pence's friend anymore.

For all of these reasons, Mike Pence has yet again demonstrated himself to be a quisling without dignity.