Mike Pence will not be charged for being in possession of classified documents, found in his Indiana home, the U.S. Dept. of Justice reportedly has told the former Trump vice president in a letter. Some legal experts believe DOJ is wrapping up its investigations into classified documents found in Pence’s and President Joe Biden’s homes to clear the decks for a decision to seek charges against ex-president Donald Trump over his unlawful removal of hundreds of classified documents from the White House, and subsequent refusal to return them even after being served with a subpoena.
“The decision comes ahead of Pence’s planned announcement next week that he will run for president in 2024,” CNN reports, noting it has obtained and verified a copy of the DOJ letter. “It allows Pence to offer an additional contrast between himself and former President Donald Trump, his political rival who’s under serious investigation by the Justice Department and others.”
Former U.S. Attorney Joyce Vance, an MSNBC/NBC News contributor and professor of law, responded to the news Pence will not be charged.
“This is what happens when you voluntarily return items to the govt, don’t claim they’re yours, hide them & lie about,” she said, clearly referring to Donald Trump’s actions. “Also: showing them off to others.”
“Confident this is a prelude to DOJ seeking charges against Trump for those reasons,” she added.
NYU Law professor of Law Ryan Goodman, a former U.S. Dept. of Defense Special Counsel, apparently agrees.
“Discover classified documents at your home after leaving the White House, immediately acknowledge and turn the documents over to the FBI/Archives, and look what happens,” he writes.
Earlier this week, responding to news Special Counsel Jack Smith has an audio recording of Donald Trump admitting he kept a classified Pentagon document apparently detailing a possible attack against Iran, Goodman reiterated his belief that the ex-president will face not only obstruction charges but charges under the Espionage Act.
“War plans are among the most highly classified documents. Puts pressure on DOJ to indict, and a jury to convict,” wrote Goodman. “Make no mistake. This is squarely an Espionage Act case.”
“It is not simply an ‘obstruction’ case,” he added. “There is now every reason to expect former President Trump will be charged under 18 USC 793(e) of the Espionage Act. The law fits his reported conduct like a hand in glove.”
Watch CBS News’ report on DOJ’s decision to not charge Pence below or at this link: