Mike Pence on Indictment: Trump Put ‘Himself over the Constitution,’ Should ‘Never Be President’

Former Vice President Mike Pence claimed in a statement that former President Donald Trump put “himself over the Constitution” and should “never be President of the United States” after Special Counsel Jack Smith indicted Trump on charges stemming from January 6.

Trump was indicted by a Washington, DC, grand jury on Tuesday on four counts, including conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction and attempt to obstruct an official proceeding, and conspiracy against rights in relation to the January 6 Capitol Riots.

“Today’s indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States,” Pence said in a statement. “I will have more to say about the government’s case after reviewing the indictment.”

Former Vice President Mike Pence speaks at the Federalist Society Executive Branch Review conference, Tuesday, April 25, 2023, in Washington. (AP Photo/Alex Brandon)

Pence cautioned voters that Trump’s indictment would take away focus from “Joe Biden’s disastrous economic policies.”

“The former president is entitled to the presumption of innocence but with this indictment, his candidacy means more talk about January 6th and more distractions,” Pence said. “As Americans, his candidacy means less attention paid to Joe Biden’s disastrous economic policies afflicting millions across the United States and to the pattern of corruption with Hunter.”

Notably, Pence repeatedly appears throughout Smith’s four-count indictment against the former president.

The indictment alleges that Trump “repeated knowingly false claims of election fraud and directly pressured the Vice President to use his ceremonial role at the certification proceeding on January 6 to fraudulently overturn the results of the election.”

The indictment refers to Pence’s “contemporaneous notes” during a January 4, 2021, meeting with Trump and several White House officials in which Trump “made knowingly false claims of election fraud.”

Smith’s indictment alleges Trump told Pence, “you’re too honest,” when Pence told Trump he believed there was no constitutional authority for the vice president to “reject or return votes to the states.”

Pence claimed in his statement, “Our country is more important than one man,” adding, “Our constitution is more important than any one man’s career.”

“On January 6th, Former President Trump demanded that I choose between him and the Constitution. I chose the Constitution and I always will,” Pence said.

The former vice president then pledged to defend America in a way consistent with “the Constitution and the character and decency of the American people.”

“As your president, I will not yield an inch in defending America, our people, or our values, and I promise you: I will do so in a way consistent with my oath to the Constitution and the character and decency of the American people,” Pence concluded. “We will restore a threshold of integrity and civility in public life so we can bring real solutions to the challenges plaguing our nation.”

Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at This email address is being protected from spambots. You need JavaScript enabled to view it. or follow him on Twitter.