January 6 hearings. Part 3: Hang Mike Pence

First of all, how come no one is taking about former Whitewash House attorney Eric Herschmann's decorations? That panda tho!

Thursday's hearing of the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol started with Chairman Bennie Thompson (D - Miss.) quoting Mike Pence when he spoke a few days after the insurrection: "There's almost no idea more un-American than the notion that any one person could choose the American president."

The day's hearing surrounded the part of the plan where the Commander n Thief attempted to make his devoted V.P. into the lackey. And to have him killed if necessary.

There were three main points regarding 45 and his V.P. in today's testimony: 

• 45 was told repeatedly by numerous people that Mike Pence did not have authority to do what the president* was asking, which was to either reject the certification of the electoral votes and declare 45 the winner of the election, or send the matter back to the states.

• 45 did not care that it was illegal and unconsitutional and pressured Pence into taking action right up until the 11th hour

• 45 put the V.P. in mortal danger.

Vice President Pence, on the other hand, had one plan of action: Do. Not. Budge.

Rep. Pete Aguilar (D-Calif.) led most of the proceedings Thursday, and he was assisted in questioning by conservative lawyer John Wood, who served as United States Attorney in Missouri under President Bush II. Two live witnesses testified today: V.P. Mike Pence's former attorney Greg Jacob, who was with the Vice President all day on January 6, and retired conservative judge Michael Luttig, who is the conservat-ist of conservative judges, and very much esteemed in Conservativille. Luttig was appointed to the United States Court of Appeals for the Fourth Circuit by Bush I and was on the short-list for SCOTUS twice. Judge Luttig advised Mike Pence regarding the legal circumstances of the vice president's role in the certification of election results.

Thursday's testimony drilled down on the law surrounding the role of the vice president in the certification process. They talked a lot about one sentence in the 12th Amendment, which outlines the veep's role, and the Electoral Count Act of 1887, which clarified and codified it.

Some commentators note that the hearing was slow and full of legalese. Well, yup. Because we are a nation ruled by law. It's how we do things. Judge Luttig – in his achingly slooow, law professor manner – offered this thought: "The foundational truth is the rule of law. That foundational truth is, for the United States of America, the profound truth, but it's not merely the profound truth for the United States, it's also the simple truth, the simple foundational truth of the American republic." 

The line in question from the 14th Amendment reads: "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted."

There is no mention of any power that the vice president has in withholding certification nor litigating it by sending the results back to the state legislatures. Niether the 12th Amendment nor the Electoral Count Act of 1887 give any authority to the vice president. The role is ceremonial. Further, there had been no historical precedent of any vice president in 240 years of our nation who tried to interfere with the certification. 

If it were possible for the vice president to simply declare someone the winner, at their whim, why didn't Al Gore do it? Vice President Gore, who had just lost the presidential election, had to preside over the certification of Bush II after a highly contentious 2000 election. In fact, he gaveled down protests in his favor when he presented the certificates for the presidency he had just lost, after winning the popular vote no less. My heart swelled watching the video they showed where Gore said, "The importance of the United States of America in all of human history, in Lincoln's phrase, we still are the last best hope of humankind. And the choice between one's own disappointment in your personal career and upholding the — the noble traditions of America's democracy, it's a pretty easy choice when it comes down to it."

Mike Pence was of the same mind. He knew he didn't have authority. He knew it was illegal, and, well, was it even a choice? 

Everyone around the president* agreed on this point. Mike Pence's lawyers agreed. 45's lawyers agreed. Even the guy who conspired with the president*, attorney John Eastman, at one point conceded that the plan was unconstitutional. And they all told the president that it was illegal, including Eastman. 

But Eastman strayed from the chorus. He knew it was illegal, but he continued to take an active role in the plot with Kermit the Fraud to pressure Pence into taking illegal action to interfere with the certification of election results on January 6. 

Later, Dr. Eastman would request a presidential pardon (his official email request, like a high school junior asking to be on the prom committee: “I’ve decided that I should be on the pardon list, if that is still in the works”). He wasn't granted a pardon. He also asserted his 5th Amendment right not to provide self-incriminating testimony at least 100 times during this committee's inquiry. 

The committee illustrated how SCROTUS's pressure campaign played out. He tried to pressure Pence personally, most glaringly in a phone call on the morning of January 6. Witnesses, including the Family Fondler's daughter Ivanka, testified that the conversation got "heated." The words "wimp" and "pussy" were thrown around by the president* on the phone call to Pence.

The Lord of the Fries also pressured Pence publicly. After a January 4 meeting where Pence and Jacob met with Eastman and 45 and told them plainly that Pence did not have any authority to do what was being asked, the campaign put out a statement stating that the president* and Pence were “in complete agreement.” And before and during the awful day, The Walrus (Coup-Coup-Cachoo) also tweeted, calling out Mike Pence by name and questioning his "courage." He also mentioned Pence 11 times in his ad-libbed speech to the mob on January 6. 

But on January 6, Mike Pence did not waver. He did not budge. He did his duty.

This tweet was released at 2:24 p.m., after SCROTUS was informed of the unfolding violence. 

Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!

The tweet was read by the insurrectionists as directives from mission command. We heard one insurrectionist yell, "If Pence caved, we're going to drag motherfuckers through the streets. You politicians are going to be dragged through the streets."

And they would have. Shortly thereafter, the chants of "Hang Mike Pence" began.

The committee revealed that an anonymous informant from the Proud Boys stated that "they would have killed Mike Pence if given a chance." The Tangerine Toddler didn't care. As Liz Cheney told us, when he was made aware of the chants of "Hang Mike Pence," he said, "Maybe our supporters have the right idea.' Mike Pence 'deserves it.'"

The committee described how Pence was ushered out with seconds to spare.The mob was a mere 40 feet from him as he made his way to a safe location. They also showed photographs of the Vice President in some Capitol basement loading dock, doing the country's business while the mob was searching for him somewhere above. He refused to leave the Capitol grounds, not wanting to risk people seeing him flee the Capitol and determined to finish the business of the day. He did not budge in performing his duty. As you know, Congress reconvened several hours later and properly certified the election results. 

Many are calling Pence a "hero," but yanno? He was simply doing his duty. Following the law. If that makes him a hero, then may we all be American heroes. The others are villainous, to be sure, but a hero isn't necessary to contrast against the villainy. I think he is simply and profoundly a fine, upstanding citizen.

Veep is watching the Burger Baby's video where he told the insurrectionists, "So go home. We love you; you're very special."

Both live witnesses were compelling. Judge Luttig gave especially powerful testimony. He was full of gravitas, fitting his role as an esteemed conservative judge who truly didn't relish what he had to testify to: that the United States was this close to a revolution. But he was unequivocal. It was unconstitutional for Mike Pence to do anything different than he did. And his final words were especially sobering:

I have written, as you said, Chairman Thompson, that today, almost two years after that fateful day in January 2021, that still Donald Trump and his allies and supporters are a clear and present danger to American democracy. That's not because of what happened on January 6th. It's because, to this very day, the former president, his allies, and supporters pledge that, in the presidential election of 2024, if the former president or his anointed successor as the Republican Party presidential candidate were to lose that election, that they would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election, but succeed in 2024 where they failed in 2020. I don't speak those words lightly.

Watch the third hearing here:

What's next?

We got teasers last week about two important facets of that day. We need to hear more. 

The committee has released video of right-wing Rep. Barry Loudermilk (R-Georgia) giving a Capitol tour on January 5. Firstly, know that public tours of the Capitol had been suspended for months due to Covid. Secondly, surveillance cameras show that those red-hatted magats on the tour were taking photos not of statues and paintings in the august, hallowed halls of our democracy's heart, but of stairwells, hallways, and security checkpoints. We have questions.

The committee also revealed that they are in possession of emails that Ginni Thomas, wife to Supreme Court Justice Clarence Thomas, exchanged with the nefarious Dr. John Eastman, the villain at the center of the plot to overthrow the government. We have many questions. 

The next hearing will take place on Tuesday, June 21 at 1 p.m. EDT (10 a.m. PDT), and following that, on Thursday, June 23 at 3 p.m. Eastern time, noon Pacific. It's likely that the next hearing will outline the part of the plan where pressure was mounted on state legislators and election officials to change the results of the election.

Mike Luckovich, The Atlanta Journal-Constitution

Stay tuned!

Click here for Part 4: The Intimidation Campaign