Pence publicly states he has no unilateral authority to reject electoral votes

Reporting and findings

1. documented

   Before the joint session, Pence released a letter stating that his oath prevented him from claiming unilateral authority to decide which electoral votes counted. The position matched the advice of his counsel and conservative judge Michael Luttig. It was the formal institutional break: Pence chose the constitutional presiding role over Trump's personal directive.

   • United States Government Publishing Office: Final Report of the Select Committee to Investigate the January 6th Attack on the United States CapitolExecutive Summary pages 31–38 and Chapter 5: Pence legal position and January 6 letter
   • Associated Press: Pence says he cannot claim unilateral authority to reject electoral votesFull January 6 letter, constitutional rationale, and rejection of unilateral authority