Mike Pence says he ‘cannot defend’ federal indictment of Trump

Mike Pence on Wednesday said he can’t defend Donald Trump from the allegations about the former president’s handling of classified materials, but he blasted the federal indictment as a political ploy.

‘I cannot defend what is alleged,’ Pence told CNBC’s Squawk Box. 

‘Number one is no one’s above the law. This indictment includes serious charges.’

But Pence, who served as vice president under Trump, echoed the former president’s line that the Justice Department probe is political attack. 

‘I can’t believe that politics didn’t play some role here. We’ve seen the politicization at the Department of Justice for years,’ he said.

‘I cannot defend what is alleged,’ Mike Pence told CNBC’s Squawk Box about the federal indictment of Donald Trump

Pence cited the Russian investigation against Trump that concluded no wrong doing and argued Hillary Clinton got a pass. He also alleged there was suppression of information about Biden’s son, Hunter Biden.

The FBI investigated and chose not to pursue charges after a probe into the classified documents found on her personal email servers when Clinton was secretary of state. Hunter Biden is under federal investigation around his taxes and his attempt to purchase a gun without revealing his past legal issues.

‘If I have the privilege to be president of the United States, we’re going to clean house at the top of the Department of Justice,’ Pence vowed. 

Pence is challenging Trump for the Republican presidential nomination. 

The two men had a falling out at the end of Trump’s tenure when the then-president pressured Pence to overturn the election results during the electoral college certification. Pence pointed out vice presidents only have a ceremonial role and don’t have the power to return an election to the states. Trump supporters shouted ‘Hang Mike Pence’ when they caused an insurrection at the Capitol on January 6th.

Trump pleaded not guilty Tuesday to 37 federal counts related to his alleged mishandling of classified records after he left the White House, including charges he violated both the Espionage Act and obstructed justice.

Many of Trumps rival for the GOP nomination have attacked the Justice Department probe as political in nature. 

‘We’ve seen a Justice Department that seems to have a two tiered system of justice,’ Pence said. 

The former vice president is trailing in polls. In the RealClearPolitics polling average on the GOP nomination, Pence has about 5%. Trump has 52%. 

While Trump was in court on Tuesday, Pence met with the Wall Street Journal editorial board.

‘Having read the indictment,’ he said, ‘these are very serious allegations. And I can’t defend what is alleged. But the President is entitled to his day in court, he’s entitled to bring a defense, and I want to reserve judgment until he has the opportunity to respond.’ 

In a speech at his Bedminister golf club on Tuesday night, Donald Trump blasted prosecutors for ‘threatening me with 400 years in prison for possessing my own presidential papers’

Federal prosecutors released an image of records being stored in a bathroom at Mar-a-Lago

Pence did say he was considered about reports there was classified military intelligence among the papers in Trump’s personal possession.

‘Even the inadvertent release of that kind of information could compromise our national security and the safety of our armed forces. And, frankly, having two members of our immediate family serving in the armed forces of the United States, I will never diminish the importance of protecting our nation’s secrets,’ Pence said. 

Trump claims the records are his personal property. The Presidential Records Act states all paperwork for a presidential administration are the property of the federal government.

In a speech at his Bedminister golf club on Tuesday night, the former president blasted prosecutors for ‘threatening me with 400 years in prison for possessing my own presidential papers.’

Pence discovered a few classified documents in his Indiana home after it was revealed Trump had such material at Mar-a-Lago. He immediately secured them and handed them over to the FBI.

The former vice president was cleared of any wrongdoing by the Justice Department.