As the House select committee investigating the Jan. 6 assault on the Capitol rushes to gather evidence and conduct interviews, how far it will be able to go in holding former President Donald J. Trump accountable increasingly appears to hinge on one possible witness: former Vice President Mike Pence.Since the committee was formed last summer, Mr. Pence’s lawyer and the panel have been talking informally about whether he would be willing to speak to investigators, people briefed on the discussions said. But as Mr. Pence began sorting through a complex calculation about his cooperation, he indicated to the committee that he was undecided, they said.To some degree, the current situation reflects negotiating strategies by both sides, with the committee eager to suggest an air of inevitability about Mr. Pence answering its questions and the former vice president’s advisers looking for reasons to limit his political exposure from a move that would further complicate his ambitions to run for president in 2024.But there also appears to be growing tension.In recent weeks, Mr. Pence is said by people familiar with his thinking to have grown increasingly disillusioned with the idea of voluntary cooperation. He has told aides that the committee has taken a sharp partisan turn by openly considering the potential for criminal referrals to the Justice Department about Mr. Trump and others. Such referrals, in Mr. Pence’s view, appear designed to hurt Republican chances of winning control of Congress in November.And Mr. Pence, they said, has grown annoyed that the committee is publicly signaling that it has secured a greater degree of cooperation from his top aides than it actually has, something he sees as part of a pattern of Democrats trying to turn his team against Mr. Trump.For the committee, Mr. Pence’s testimony under oath would be an opportunity to establish in detail how Mr. Trump’s pressuring him to block the certification of Joseph R. Biden Jr.’s victory brought the country to the brink of a constitutional crisis and helped inspire the storming of the Capitol on Jan. 6, 2021.It could also be vital to the committee in deciding whether it has sufficient evidence to make a criminal referral of Mr. Trump to the Justice Department, as a number of its members have said they could consider doing. The potential charge floated by some members of the committee is violation of the federal law that prohibits obstructing an official proceeding before Congress.ImageMembers of the House select committee on Jan. 6 have said they could consider criminal referrals to the Justice Department for Mr. Trump and others.Credit...Stefani Reynolds for The New York TimesThe combination of the pressure brought to bear on Mr. Pence and Mr. Trump’s repeated public exhortations about his vice president — “If Mike Pence does the right thing, we win the election,” he told supporters on the Ellipse just before they marched to the Capitol — could help the committee build a well-documented narrative linking Mr. Trump to the temporary halting of the vote certification through rioters focused, at his urging, on Mr. Pence.A criminal referral from the committee would carry little legal weight, but could increase public pressure on the Justice Department. The department has given little indication of whether it is seriously considering building a case against Mr. Trump.Understand the Jan. 6 Investigation
Both the Justice Department and a House select committee are investigating the events of the Capitol riot. Here's where they stand:
Inside the House Inquiry From a nondescript office building, the panel has been quietly ramping up its sprawling and elaborate investigation.Criminal Referrals, Explained Can the House inquiry end in criminal charges? These are some of the issues confronting the committee.Garland’s Remarks: Facing pressure from Democrats, Attorney General Merrick Garland vowed that the D.O.J. would pursue its inquiry into the riot “at any level.”A Big Question Remains: Will the Justice Department move beyond charging the rioters themselves?Attorney General Merrick B. Garland said last week that federal prosecutors remained “committed to holding all Jan. 6 perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy.” But he did not mention Mr. Trump or indicate whether the department considered obstruction of Congress a charge that would fit the circumstances.There are nonetheless some early indications that federal prosecutors working on charging the Capitol rioters are looking carefully at Mr. Trump’s pressure on Mr. Pence — and his efforts to rally his supporters to keep up that pressure even after Mr. Pence decided that he would not blockBy: Michael S. Schmidt and Alan Feuer
Title: Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Sourced From: www.nytimes.com/2022/01/10/us/politics/mike-pence-jan-6-testimony.html
Published Date: Mon, 10 Jan 2022 23:27:55 +0000
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