Pence repeatedly tells Trump the vice president lacks unilateral election power

Reporting and findings

1. documented

   By January 5, Pence had repeatedly told Trump that the vice president lacked authority to change the election result and had only a ministerial role in the count. Conservative former judge Michael Luttig and every White House lawyer identified in the committee record agreed. Trump therefore had repeated notice of the constitutional and statutory objection before his public pressure intensified.

   • United States Government Publishing Office: Final Report of the Select Committee to Investigate the January 6th Attack on the United States CapitolExecutive Summary pages 32–35: Short testimony, Luttig assessment, and White House lawyers' views
   • Associated Press: Filing in Trump case details remarkable schism with Pence over rejecting 2020 election lossDecember 25 through January 5 refusals, ministerial-role dispute, and continuing Trump pressure