Story · June 9, 2023

Pence Keeps His Distance as Trump’s Documents Case Hits the Campaign

Pence distance Confidence 5/5
★★★☆☆Fuckup rating 3/5
Major mess Ranked from 1 to 5 stars based on the scale of the screwup and fallout.

Mike Pence did not sound eager to help Donald Trump turn his classified-documents indictment into a loyalty test. In a June 9 interview, Pence said he was “deeply troubled” by the indictment, added that “no one is above the law,” and noted that he had hoped the Justice Department would “resolve this without an indictment.” He also stressed a point he thought mattered first: “We don’t know the facts in this case. No one does.” ([hughhewitt.com](https://hughhewitt.com/former-vice-president-mike-pence-on-the-indictment-of-former-president-donald-trump))

That was a more measured posture than the cartoon version of a split. Pence was not cheering the prosecution, and he was not pretending the charges were meaningless. He was trying to occupy a narrow space that Republican candidates now keep tripping over: serious enough to sound institutional, but careful not to sound like he was rooting for Trump’s legal pain. Pence had already made a similar argument two days earlier, at his June 7 campaign events, when he said the Justice Department should think twice before indicting Trump and warned it would send “a terrible message” if it did. ([axios.com](https://www.axios.com/2023/06/07/pence-2024-video-ignores-trump-slams-biden))

The chronology matters. Pence’s June 7 comments came before the indictment was announced and unsealed on June 8. His June 9 remarks came after the charges became public, and they did not amount to a new attack on Trump. Instead, they folded together two themes Pence has been using since he entered the race: criticism of the Justice Department’s judgment, and insistence that the former president is not exempt from legal scrutiny. ([axios.com](https://www.axios.com/2023/06/07/pence-2024-video-ignores-trump-slams-biden))

That combination is awkward for Trump, but not because it amounts to betrayal. It is awkward because it denies him the cleaner political story he wants. Trump’s preferred version of events is simple: he is under attack, and Republicans should treat any legal trouble as an attack on the whole movement. Pence would not fully sign onto that script. He did not dismiss the case, but he also did not give it the kind of celebratory treatment Trump’s critics sometimes expect from Republicans who have moved on from him. ([hughhewitt.com](https://hughhewitt.com/former-vice-president-mike-pence-on-the-indictment-of-former-president-donald-trump))

Pence is still running as a Republican who wants distance from Trump without sounding like a prosecutor. That leaves him in a familiar position: critical enough to irritate Trump allies, cautious enough to avoid making himself a clean break headline, and careful enough to keep repeating due-process language while the facts of the case play out. For now, that is the point. Pence is not trying to own the indictment. He is trying to sound like the Republican who said the quiet part out loud: the Justice Department should be held to a high standard, but Trump does not get a legal pass just because he once sat in the Oval Office. ([hughhewitt.com](https://hughhewitt.com/former-vice-president-mike-pence-on-the-indictment-of-former-president-donald-trump))

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