Donald Trump’s defence lawyer says the former president never asked Mike Pence to overturn the will of voters in the 2020 election, but only wanted the then vice-president to “pause” the certification of votes to allow states to investigate his claims of election fraud.

Those baseless claims had already been rejected by numerous courts.

Speaking on several Sunday morning news shows, John Lauro said Trump was within his First Amendment rights when he petitioned Pence to delay the certification on Jan. 6, 2021.

“The ultimate ask of  Vice-President Pence was to pause the counts and allow the states to weigh in,” the lawyer said on CBS’s Face the Nation. He added Trump was convinced there were irregularities in the election that needed to be investigated by state authorities before the election could be certified.

‘I had no right to overturn the election’: Pence

Pence, who like Trump is seeking the Republican nomination for president in 2024, flatly rejected that account during an interview Sunday, saying Trump seemed “convinced” as early as December that Pence had the right to reject or return votes and that on Jan. 5, Trump’s lawyers told him, “‘We want you to reject votes outright.’

“They were asking me to overturn the election. I had no right to overturn the election,” Pence said on CNN’s State of the Union.

A man speaks outside.
Former vice-president Mike Pence, a Republican presidential candidate, is shown speaking with the media at the Indiana State Fair on Aug. 2. He’s a central figure in the prosecution against Trump relating to the 2020 election. (Darron Cummings/The Associated Press)

Pence’s role in certifying Joe Biden’s win over Trump in 2020 makes him a central figure in the prosecution against Trump on charges he sought to overturn the will of the voters and remain in office even after the courts had roundly rejected his claims of electoral fraud. Federal and state election officials and Trump’s own attorney general also had said there were was no credible evidence the election was tainted.

Last week’s indictment chronicles how Trump and his allies, in what special counsel Jack Smith described as an attack on a “bedrock function of the U.S. government,” repeatedly lied about the results in the two months after he lost the election, and pressured Pence and state election officials to take action to help him cling to power. Those efforts culminated on Jan. 6, 2021, when Trump supporters violently stormed the Capitol in Washington in an effort to stop the certification.

WATCH | How Trump’s team could defend him in election case: 

How will Donald Trump defend himself against the latest charges?

Chuck Rosenberg, a former U.S. attorney, breaks down the potential defences former president Donald Trump might make as he faces charges linked to the Jan. 6 insurrection.

Trump pleaded not guilty to those charges. Separately, he also faces charges he falsified business records relating to hush money payments to a porn actor in New York, and improperly kept classified documents at his Palm Beach, Fla., resort and obstructed an investigation into their handling.

Speaking on ABC’s This Week with George Stephanopoulos, Lauro said Pence’s testimony will show Trump believed the election was rigged and that he was listening to the advice of his lawyers when he sought to delay the certification.

Pence, who appeared before the grand jury that indicted Trump, said he will comply with the law if asked to testify.

“I cannot wait until I have the opportunity to cross-examine Mr. Pence,” Lauro said. “He will completely eliminate any doubt that president Trump firmly believed that the election irregularities had led to an inappropriate result.”

Trump’s team wants case moved out of D.C.

The indictment details how people close to Trump repeatedly told him he had lost and there was no truth to his claims of fraud. In one encounter days before the riot, Trump told Pence he was “too honest” after the vice-president said he didn’t have the authority to reject electoral votes, the indictment says. Former allies of Trump have said he knew he lost, but spread false claims about fraud anyway.

“He knew well that he had lost the election,” Trump’s former attorney general, Bill Barr, said in an interview last week.

Lauro said Trump’s defence team will seek to move the case from Washington because it wants a more diverse jury. He said he would support televising the trial, and dismissed speculation it could wrap up before the 2024 election.

“In 40 years of practising law, on a case of this magnitude, I’ve not known a single case to go to trial before two to three years,” Lauro said on Face the Nation.

Trump’s legal team has until 5 p.m. Monday to respond to the prosecution’s request for a protective order limiting Trump’s ability to publicly disclose information about the case. The decision is up to U.S. District Court Judge Tanya Chutkan.

Protective orders are common in criminal cases, but prosecutors said it’s “particularly important in this case” because Trump has posted on social media about “witnesses, judges, attorneys and others associated with legal matters pending against him.”

Prosecutors pointed specifically to a post on Trump’s Truth Social platform from Friday in which he wrote, in all capital letters, “If you go after me, I’m coming after you!”

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