The frayed relationship between Pence and Trump that led to the January 6 insurrection is on full display in the special prosecutor's latest filing

CNN-

Former Vice President Mike Pence's role in certifying Joe Biden's 2020 election victory over Donald Trump and his repeated refusals to help the former president overturn the results have come under scrutiny in the special prosecutor Jack Smith's detailed filing Wednesday.

Smith, in the 165-page document, provides the most comprehensive account yet of the evidence in his 2020 election conspiracy case against Trump, Pence's former boss. Within its pages, the document provides a detailed account of the hours leading up to the US Capitol riot and the deteriorating relationship between the two men that led crowds of Trump supporters to call for violence against Pence.

The role Trump's vice president plays in the federal prosecution against him has always been one of the most remarkable aspects of the Smith case. But a ruling this summer by the Supreme Court, which granted Trump full immunity for official actions but left the door open for prosecutors to pursue him for unofficial actions he took, also explains why these interactions constitute an important part of the new historical record.

Although the Supreme Court has not completely removed allegations against Trump related to Pence from the case, the conservative majority has indicated that it is skeptical about the possibility of prosecution for Trump's conduct toward Pence . Responding to allegations that Trump pressured Pence to disrupt the certification of Congress, the high court ruled that it was an immune presumptive official act and set the bar high for prosecutors to maintain it in their case.

Smith, in an attempt to clear this hurdle, went into detail about the circumstances surrounding the various Trump-Pence conversations where they took place, who else was present and what each party said to argue that these interactions went beyond the immunity because they could not serve any executive. function.

At least some of this evidence came from Pence's book, according to footnotes, while other material came from his contemporaneous notes and likely other non-public sources, possibly including his own testimony before the grand jury.

Smith's team in the dossier attempted to elevate Pence's communications with Trump outside his official duties as vice president by describing a series of interactions between the two as conversations between running mates and friends, where Pence sought to console Trump and urged him to accept his electoral defeat. in the weeks following the elections.

On Nov. 7, when many media outlets were reporting Biden's 2020 election, Pence allegedly tried to encourage the defendant as a friend, according to prosecutors. He told Trump he should focus on how he revived the Republican Party and gave it new life.

At a lunch on Nov. 12, Pence told Trump that he did not have to concede but could acknowledge that the process was over, prosecutors said. And four days later, at another lunch, Pence again tried to convince Trump to accept the results and suggested running again in 2024, the filing said. Trump, however, responded: I don't know, 2024 is so far away.

And in a Nov. 23 phone call, Trump reportedly told Pence that one of his private attorneys was skeptical of election challenges.

At a private lunch on Dec. 21, prosecutors said Pence encouraged Trump not to view the election as a loss, but simply as an intermission. Later that day, Trump asked Pence in a private discussion in the Oval Office what they should do, to which Pence responded: After exhausting all legal processes in the courts and Congress , if we still don't succeed, [Trump] should bow.

The filing also details how Pence relayed to Trump responses from the governors of Arizona and Georgia, who told him they had not reported evidence of fraud in their states' elections and that they would not could not take steps to summon their States. Trump ignored his running mate, prosecutors say.

Trump, after Pence told him he did not have the authority to decertify the election, began escalating his demand, according to prosecutors.

Prosecutors cite contemporaneous notes written by Pence that allegedly show Trump and his co-conspirators conspired to manipulate the then-vice president over his role in the election certification process before Jan. 6.

Trump personally asked one of his co-conspirators, John Eastman, to explain to Pence why he should reject the official Electoral College votes on January 6. Pence took notes during that meeting, Smith says, that would have recalled Trump saying that in cases of fraud, the rules are changed and it's all up to the lawmakers.

[H]As for what to do with you, you can be bold, Pence's notes say.

As Trump began to directly and repeatedly pressure Pence, his co-conspirators worked to orchestrate the pressure campaign behind the scenes, Smith says.

On Jan. 1, Trump called Pence to chastise him for filing a brief opposing a lawsuit filed by Trump and his allies that sought to force Pence to help throw the election in Trump's favor, according to prosecutors. On the call, Trump told Pence that hundreds of thousands of people were going to hate you and people were going to think you were stupid, also calling Pence too honest, according to the filing.

On January 5, 2021, according to the filing, Trump met with Pence again to allegedly attempt to pressure him not to certify the Electoral College votes. It was at that meeting that Trump threatened to publicly criticize Pence, Smith wrote, citing Pence's book.

Smith says Pence spoke about this comment to a person identified in the filing only as P8, and that P8 was so concerned about the prospect that he alerted Pence's Secret Service.

Trump tried to pressure Pence again on the morning of Jan. 6, shortly before he drove to deliver his speech at the Ellipse, according to prosecutors.

Pence, however, again refused and Trump was furious, the filing said.

That's when Trump implemented the latest plan to continue his plots: if Pence didn't do what he asked, [Trump] had to find another way to prevent Biden's certification as president, according to the filing.

So, on January 6 [Trump] sent a mob of angry supporters, whom the defendant had called into the city and flooded the Capitol with false claims of outcome-determining election fraud, to the Capitol to pressure Pence into not certifying legitimate electoral votes and obstructing the certification , says the file.

According to prosecutors, Trump also showed his desperate conduct as a candidate rather than a president when rioters stormed the Capitol, forcing Pence to be moved to a safe location.

An anonymous White House aide, according to the filing, ran to Trump when he received a phone call informing him that Pence had been taken to a safe location in hopes that [Trump] would take steps to ensure the Pences' safety.

However, according to prosecutors, Trump looked at the aide and simply responded: So what?

Trump personally posted on Twitter as the riot unfolded at the Capitol, saying Pence did not have the courage to overturn the election results, according to prosecutors.

At the time he posted the tweet, prosecutors say, Trump knew his request for Pence to block the Electoral College votes was illegal, knew his supporters gathered in Washington, D.C., believed his lies during his speech at the 'Ellipse that the election had been stolen and knew that these supporters had now entered the Capitol building.

Only then, watching the news in real time and knowing that the rioters had entered the Capitol building, did the defendant post the 2:24 p.m. tweet attacking Pence for refusing defendants' pleas to join the conspiracy and help overturn the results of the investigation. the election, Smith wrote.

The tweet told his angry followers that Pence had failed him and them, Smith wrote, adding that it was not a message sent to address a matter of public concern and quell unrest ; it was the message of an angry candidate when he realized he was going to lose power.

A Capitol rioter used a bullhorn to read the message, according to the filing. A minute after the Tweet was posted, Smith wrote, the Secret Service was forced to evacuate Pence to a secure location in the Capitol.

Some of those inside the Capitol then began chanting, “Hang Mike Pence!” », Where is Pence? Get him out! and the traitor Pence!

CNN's Katelyn Polantz, John Fritze, Devan Cole and Marshall Cohen contributed to this report.

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