Pence says he hopes DOJ ‘thinks better’ of indicting Trump in documents case

Former Vice President Mike Pence said he hopes the Justice Department “thinks better” of indicting former President Donald Trump, arguing during a CNN town hall Wednesday it would be too divisive for the country.

“No. 1, I think it would be terribly divisive to the country,” Pence said, citing issues such as inflation that are more pressing for much of the public. “This kind of action by the DOJ would only fuel further division in the country.” 

“And let me also say I think it would also send a terrible message to the wider world,” Pence continued. “I mean, we’re the emblem of democracy, we’re the symbol of justice in the world, and the serious matter, which has already happened once in New York, of indicting a former president of the United States sends a terrible message to the world. I hope the DOJ thinks better of it and resolves these issues without an indictment.”

Pressed on if he believed Trump should be spared being charged even if prosecutors find he broke the law, Pence said, “no one is above the law,” but argued the “unique circumstances” of Trump’s case meant he hoped the Justice Department (DOJ) would resolve the case without bringing an indictment.

The former vice president formally launched his campaign for the 2024 presidential election earlier Wednesday.

Pence’s comments came hours after multiple news outlets reported federal prosecutors had informed Trump’s legal team that the former president was the target of an investigation.

Special counsel Jack Smith is simultaneously investigating Trump’s attempts to remain in power after he lost the 2020 election, as well as whether Trump mishandled classified documents after leaving office. The investigation into his handling of classified documents appears to be nearing a conclusion.

The National Archives spent months seeking the return of presidential records after Trump left office, with Trump’s team eventually turning over a tranche that included nearly 200 classified records. That ignited the DOJ investigation that spurred the August 2022 search of the property, where the FBI found more than 100 more classified records.

Trump has offered various defenses, including that he had the right to take the documents and that he could unilaterally declassify them without going through any formal process.

Multiple outlets reported last week that prosecutors obtained audio of Trump in 2021 discussing a classified Pentagon document he still had in his position, and that he indicated there were restrictions on who could view it — a comment that could undercut his defense.

The Justice Department last week cleared Pence of any wrongdoing after a small number of classified documents were found at his Indiana home in January.