7.1 “Reinsert the Mike Pence Lines”
7.1 “Reinsert the Mike Pence Lines”
¶President Trump tweeted three times on the morning of January 6th, repeating a false claim of election fraud at 8:06 a.m.,24 Donald J. Trump (@realdonaldtrump), Twitter, Jan. 6, 2021 8:06 a.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22Sleepy+Eyes+Chuck+Todd+is+so+happy%22 (archived). pressuring Vice President Pence to delay the electoral count at 8:17 a.m.,25 Donald J. Trump (@realdonaldtrump), Twitter, Jan. 6, 2021 8:17 a.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22All+Mike+Pence+has+to+do+is%22 (archived). and urging Republican party officials to do the same at 8:22 a.m.26 Donald J. Trump (@realdonaldtrump), Twitter, Jan. 6, 2021 8:22 a.m. ET, available at https://www.thetrumparchive.com/?results=1 (archived). He made calls to his Republican allies in Congress, many of whom were already committed to objecting to the electoral count.27 Documents with file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), P-R000255 (January 6, 2021, The Daily Diary of President Donald J. Trump at 8:23 a.m. ET). And he dialed his lawyers and advisors—including Steve Bannon and Rudolph Giuliani (twice), both of whom had been counseling the President on how to stay in power.28 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), P-R000255 (January 6, 2021, The Daily Diary of President Donald J. Trump at 8:23 a.m. ET). The Select Committee issued subpoenas to Bannon, Olson, and Giuliani in order to learn more about these telephone conversations, among other things. Bannon refused to comply with his subpoena, leading to his referral and ultimate conviction for criminal contempt of Congress. Olson sued to block the Select Committee from enforcing his subpoena. Giuliani spoke with the Select Committee but asserted attorney-client privilege with respect to all of his telephone conversations with President Trump on January 6th. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Rudolph Giuliani, (May 20, 2022), p. 198.
¶There was one person—critical to his plan—whom President Trump tried to reach but couldn’t. At 9:02 a.m., he asked the switchboard operator to call his Vice President. Vice President Pence did not answer the call.29 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), P-R000255 (January 6, 2021, The Daily Diary of President Donald J. Trump at 9:02 a.m. ET); Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Marc Short, (Jan. 26, 2022), p. 12.
¶President Trump speaks with speechwriter Stephen Miller about his Ellipse speech in the Oval Office on the morning of January 6, 2021. (Photo provided to the Select Committee by the National Archives and Records Administration)
¶Instead, between 9:52 a.m. and 10:18 a.m., the President spoke with his speechwriter, Stephen Miller, about the words he would deliver at the Save America Rally just hours later.30 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Stephen Miller, (Apr. 14, 2022), p. 145. The former President’s speech had come together over the course of 36 hours, going from a screed aimed at encouraging congressional objections to one that would ultimately incite mob violence.31 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Ross Worthington, (Feb. 15, 2022), p. 112; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Ross Worthington Production), RW_0002633 (Jan. 4, 2021, email at 10:00 p.m. from Ross Worthington to Patrick MacDonnell asking for research related to the January 6th speech).
¶Only four minutes after the call concluded, at 10:22 a.m., Miller emailed revisions to the speechwriters, instructing them to “[s]tart inputting these changes asap” that included “red highlights marking POTUS edits.”32 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Ross Worthington Production), RW_0002341–RW_0002351 (Jan. 6, 2021, Stephen Miller emails to Ross Worthington, Vincent Haley and Robert Gabriel, Jr. at 10:22 and 10:23 a.m. ET, attaching draft speech). The President had made some cosmetic additions, like peppering in the word “corrupt” throughout,33 Documents on file with the Select Committee to Investigate the January 6th Attacks on the United States Capitol (Ross Worthington Production), RW_0002341–2344 (Jan. 6, 2021, email from Stephen Miller to Ross Worthington, Vincent Haley, and Robert Gabriel, re: EDITS, attaching draft Save America March speech with edits and comments). but there was one substantive edit—a new target—that would focus the crowd’s anger on one man.
¶None of the preceding drafts mentioned Vice President Pence whatsoever. But now, at the very last minute, President Trump slipped in the following sentences calling the Vice President out by name:
582Today, we will see whether Republicans stand strong for the integrity of our elections. And we will see whether Mike Pence enters history as a truly great and courageous leader. All he has to do is refer the illegally-submitted electoral votes back to the states that were given false and fraudulent information where they want to recertify. With only 3 of the 7 states in question we win and become President and have the power of the veto.34 Documents on file with the Select Committee to Investigate the January 6th Attacks on the United States Capitol (Ross Worthington Production), RW_0002341–2343 (Jan. 6, 2021, email from Stephen Miller to Ross Worthington, Vincent Haley, and Robert Gabriel, re: EDITS, attaching draft Save America March speech with edits and comments).
¶No one on the speechwriting team could explain why President Trump added these lines just 30 minutes before he was originally scheduled to speak at 11:00 a.m.35 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Ross Worthington, (Feb. 15, 2022), p. 164. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Vincent Haley, (April 12, 2022), pp. 88–89; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Sarah Miller, (April 14, 2022), p. 148. But by 10:49 a.m., Vincent Haley, a speechwriter who was helping load the teleprompter at the Ellipse, was told to hold off and delete the mention of the Vice President—for now.36 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000007430_0001 (Jan. 6, 2021, Ross Worthington email to Vincent M. Haley at 10:49 a.m. ET). Miller said that Eric Herschmann, a lawyer who was one of the President’s senior advisors, asked him in a “brief sidebar” that morning to omit reference to the Vice President and his role in the certification process because he “didn’t concur with the legal analysis” and that it “wouldn’t advance the ball” but would be “counterproductive” instead.37 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Stephen Miller, (Apr. 14, 2022), p. 154. As detailed in Chapter 5, Herschmann and others in the White House were vocal critics of Dr. John Eastman’s theory, which claimed that the Vice President had the unilateral power to reject electors during the joint session of Congress. President Trump repeatedly pressured Pence to either reject certified electors, or delay the electoral count based on Eastman’s unconstitutional and illegal theory. Vice President Pence would not budge. The Vice President consistently rejected President Trump’s demands.
583¶After tweeting four more times that morning—all of them spreading lies about the election38 Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 9:00 a.m. ET, available at https://www.thetrumparchive.com/?results=1&searchbox=%22they+just+happened+to+find%22 (archived); Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 9:15 a.m. ET, available at https://www.thetrumparchive.com/?results=1&searchbox=%22they+states+want+to+redo%22 (archived); Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 9:16 a.m. ET, available at https://www.thetrumparchive.com/?results=1&searchbox=%22even+Mexico%22 (archived); Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 10:44 a.m. ET, available at https://www.thetrumparchive.com/?results=1&searchbox=%22these+scoundrels+are+only+toying%22 (archived).—the President apparently thought he had one last chance to convince his number two to overrule the will of the American people.
¶President Trump on a phone call with Vice President Mike Pence in the Oval Office on the morning of January 6, 2021. (Photo provided to the Select Committee by the National Archives and Records Administration)
¶As recounted in Chapter 5, President Trump called Vice President Pence at 11:17 a.m.39 Documents on file with the Select Committee to Investigate the January 6th Attack on the Capitol, (National Archives Production), P-R000285 (January 6, 2021, Schedule marked private with handwritten notes at 11:22 a.m. ET); Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Keith Kellogg, Jr., (Dec. 14, 2021) pp. 90–93; Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Nicholas Luna, (Mar. 21, 2021), p. 126. The call between the two men—during which the President soon grew “frustrat[ed] or heated,”40 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Eric Herschmann, (Apr. 6, 2022), pp. 48–49; see also Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of White House Employee, (June 10, 2022), p. 22 (“I could just tell in his voice when he was talking to the Vice President that he was disappointed and frustrated.”). visibly upset,41 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Eric Herschmann, (Apr. 6, 2022), p. 4. and “angry”42 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Julie Radford, (May 24, 2020), p. 18.—lasted nearly 20 minutes.43 Compare Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), P-R000285 (January 6, 2021, schedule with handwritten notes about the meeting); with Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Secret Service Production), CTRL0000100198 (communication noting “Mogul” en route to the Ellipse at 11:39 a.m.). And President Trump insulted Vice President Pence when he refused to obstruct or delay the joint session.
¶After that call, General Keith Kellogg said that the people in the room immediately went back to editing the Ellipse speech.44 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Keith Kellogg, Jr., (Dec. 14, 2021), p. 93. At 11:30 a.m., Miller emailed his assistant, Robert Gabriel, with no text in the body but the subject line: “insert—stand by for phone call.”45 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P_R000007558_0001 (Jan. 6, 2021, Stephen Miller email to Robert Gabriel Jr.). At 11:33 a.m., Gabriel emailed the speechwriting team: “REINSERT THE MIKE PENCE LINES. Confirm receipt.”46 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000007531_0001 (Jan. 6, 2021, Robert Gabriel Jr. email to Ross Worthington at 11:33 a.m. ET). One minute later, speechwriter Ross Worthington confirmed that he had reached Vincent Haley by phone.47 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P_R000007531_0001 (Jan. 6, 2021, Ross Worthington email to Robert Gabriel Jr. at 11:34 a.m. ET). Haley corroborated that he added one “tough sentence about the Vice President” while he was at the teleprompter.48 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Vincent Haley, (Apr. 12, 2022), p. 95.
584¶The final written draft had the following Pence reference: “And we will see whether Mike Pence enters history as a truly great and courageous leader.”49 Documents on file with the Select Committee to Investigate the January 6th Attacks on the United States Capitol (Ross Worthington Production), RW_0002341–2343 (January 6, 2021, email from Stephen Miller to Ross Worthington, Vincent Haley, and Robert Gabriel, re: EDITS, attaching draft Save America March speech with edits and comments). Haley wasn’t confident that line was what he reinserted, but email traffic and teleprompter drafts produced by the National Archives and Records Administration (NARA) indicate that he was mistaken.50 See Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Vincent Haley, (Apr. 12, 2022), p. 95; Document on file with the Select Committee (National Archives Production), 076P-R000007557_0001, 076P-R000007557_0034, 076P-R000002896_00001, 076P-R000002896_00025, 076P-R000002984_0001, 076P-R000002984_00304 (various drafts, including teleprompter inputs, of the speech).
¶After defying President Trump’s pressure, Vice President Pence—and the ire of the President he inspired—was back in the speech.
¶After the heated call, President Trump’s personal assistant Nicholas Luna handed him a message on White House card stock and the President departed for the Ellipse to give his speech.51 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Nicholas Luna, (Mar. 21, 2022), p. 126. Preserved by NARA, the message read: “THEY ARE READY FOR YOU WHEN YOU ARE.”52 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), P-R000286 (January 6, 2021, note from Nicholas Luna to President Trump). When it finally came time for him to speak, President Trump repeatedly directed his anger at Vice President Pence—often ad-libbing lines that were not included in the draft text.
585