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      Trump loses appeal to stop Pence from testifying in January 6 investigation

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      A federal appeals court has denied Donald Trump’s emergency motion to block Mike Pence from testifying in a criminal investigation into efforts to overturn the 2020 election, paving the way for the special counsel examining the matter to obtain potentially inculpatory accounts of Trump’s desperate bid to stay in power.The sealed ruling by the US appeals court for the DC circuit on Wednesday marks the end of Trump’s efforts to keep Pence from divulging information to federal prosecutors, unless his legal team takes the unlikely step of challenging the decision before the full DC circuit or the supreme court.Pence is considered a potentially consequential witness because Trump pressured him to unlawfully reject electoral college votes for Joe Biden at the joint session of Congress and was at a December 2021 meeting at the White House with Republican lawmakers who discussed objections to Biden’s win.The two interactions are of particular investigative interest to the special counsel Jack Smith as his office examines whether Trump sought to unlawfully obstruct the certification and defraud the United States in seeking to overturn the 2020 election results.Prosecutors have been trying to get Pence’s testimony for months, starting with requests from the justice department last year and then through a grand jury subpoena issued by Smith, who inherited the sprawling criminal investigation.The subpoena was challenged by Trump’s lawyers, who invoked executive privilege to limit the scope of Pence’s testimony, as well as by Pence’s lawyer, who argued his role as president of the Senate on January 6 meant he was protected from legal scrutiny by the executive branch.Both requests to limit the scope of Pence’s testimony were largely denied by the new chief US judge for the court James Boasberg, who issued a clear-cut denial to Trump and a more nuanced ruling to Pence that upheld that he was protected in part by “speech or debate” protections.As a result, the former vice-president’s team declined to challenge the ruling. But Trump’s legal team disagreed, and filed an emergency motion to the US appeals court for the DC circuit – which was denied late on Wednesday by judges Gregory Katsas, Patricia Millett and Robert Wilkins.A lawyer on the team representing Trump in the special counsel cases could not say whether they would appeal the ruling to a higher court, though such a move is not expected.In the wake of election day, Trump tried to pressure Pence into helping him reverse his defeat by using his largely ceremonial role as the presiding officer of the Senate on January 6 to reject legitimate slates of electors for Biden and prevent his certification.The effort relied in large part on Pence accepting fake slates of electors for Trump – a scheme that is also the subject of the criminal investigation – to create a pretext for casting doubt on the election results and stopping Biden from becoming president.skip past newsletter promotionafter newsletter promotionThe pressure campaign stemmed from Trump alongsidefigures inside and outside the government, including Trump’s lawyer John Eastman, other Trump campaign-affiliated lawyers like Sidney Powell and Rudy Giuliani and dozens of Republican members of Congress.Pence was among the few people who had one-on-one discussions with Trump on the day of and the day before the Capitol attack, which House January 6 select committee investigators last year concluded was a conspiracy that the former president had some advance knowledge of.Since Pence is precluded from testifying about any preparations for his role as presiding officer of the Senate it remains unclear how illuminating his testimony might be for prosecutors.But Pence’s team has long maintained in private that he can testify about other efforts by Trump, the Trump campaign and outside individuals to overturn the 2020 election results that could speak to their state of mind in the weeks from November 2020 to Biden’s inauguration. More

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      Mike Pence will enter presidential race ‘well before late June’ – if he does at all

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      Mike Pence has not decided whether to enter the Republican presidential primary but if he does he will enter “well before late June”.The former congressman, Indiana governor and vice-president to Donald Trump has been moving towards a run for months, releasing a memoir, visiting early voting states and establishing a political staff.He made his less-than-bold prediction in an interview with CBS Face the Nation.“I think if we have an announcement to make, it’ll be well before late June,” Pence said, adding: “Anyone that would be serious about seeking the Republican nomination would need to be in this contest by June.“If we have an announcement to make it will be well before then.”Pence must perform a balancing act, distancing himself from Trump, the rival candidate whose supporters chanted for Pence to be hanged when they attacked the US Capitol, while trumpeting their achievements together in office.It seems a doomed effort in a party and primary dominated by Trump, particularly as Pence recently dropped attempts to avoid testifying in the justice department investigation of the January 6 attack.In March, in perhaps his boldest break from Trump, Pence told a Washington dinner: “President Trump was wrong. I had no right to overturn the election, and his reckless words endangered my family and everyone at the Capitol that day, and I know that history will hold Donald Trump accountable.”On CBS, asked if he was “leaning in or leaning away”, Pence said: “Well, I’m here in Iowa.”His interviewer, Robert Costa, said: “Sounds like you’re leaning in.”Pence said: “I would tell you that I’m very humbled by the encouragement that we’re receiving. And I promise when we have something to announce, you’ll be among the first to know.”Pence spoke on Saturday at an event in Clive, Iowa, staged by the Faith & Freedom Coalition, a rightwing nonprofit.Trump also addressed the event. Responding to a recent rebuke from a leading anti-abortion group, which called his opposition to a federal abortion ban “morally indefensible”, the former president highlighted the decision by which a supreme court including three justices he named removed the right to abortion last year.“Those justices delivered a landmark victory for protecting innocent life,” Trump said, in a speech delivered by video. “Nobody thought it was going to happen. They thought it would be another 50 years. Because Republicans had been trying to do it for exactly that period of time, 50 years.”The Roe v Wade decision which protected the right to abortion came in 1973 – 49 years before it was overturned by Dobbs v Jackson.The Iowa caucuses will kick off the Republican primary in February. Ten months out, Trump enjoys clear leads in polling.The Florida governor, Ron DeSantis, has maintained a hold on second place without declaring a run.But DeSantis’s numbers are tanking. The governor faces his own difficulties at state level while Trump surfs a wave of support generated by his criminal indictment in New York, over a hush money payment to an adult film star, and other forms of legal jeopardy including a civil rape trial due to open next week.Trump denies wrongdoing and claims to be the victim of Democratic witch-hunts: a potent combination for attracting donations and support. On Sunday, an NBC poll said 68% of Republican voters thought Trump was the victim of politically motivated attacks and it was important to support him.Pence is contesting third place with Nikki Haley, the former South Carolina governor who declared her run in February. Both are at around 4% support.The other mainstream Republican to have declared, former Arkansas governor Asa Hutchinson, struggles to break 1%. The South Carolina senator Tim Scott has all but declared a run but remains all but invisible in polling.Polls do not provide uniformly good news for Trump. A poll this week from the Associated Press and the University of Chicago said 44% of Republicans (and 70% of Americans) do not want him to be the nominee.The Dispatch, a conservative anti-Trump site, said Pence was planning a launch in Indiana, followed by another trip to Iowa.Pence, the site said, “plans to campaign as the traditional conservative he is, eschewing momentary cultural flashpoints that inflame passions and attract eyeballs … [to] instead focus on wonky topics fraught with political peril, like how to address the ballooning federal debt and reforming popular programs like Social Security and Medicare.“On abortion, Pence is eager to highlight his opposition – and his commitment to signing federal legislation limiting the procedure.”Such positions have proved unpopular with general election voters. The Dispatch also said Pence planned to “aim fire directly at” Trump. More

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      Mike Pence will not appeal order to testify to January 6 grand jury

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      The former vice-president Mike Pence will not appeal an order compelling him to testify in the US justice department investigation of Donald Trump’s attempts to overturn the 2020 election, attempts which culminated in the deadly January 6 attack on Congress.The order was handed down last week. A spokesperson for Pence announced the decision on Wednesday, clearing the way for Pence to appear before a grand jury in Washington.Other Trump administration officials have testified in the investigation, as well as in an investigation of Trump’s retention of classified documents. Pence would be the highest-profile witness to appear before a grand jury.His closed-door testimony could offer a first-hand account of Trump’s state of mind in the weeks after he lost to Joe Biden and further expose a rift in Trump’s relationship with his former vice-president.Lawyers for Trump objected to the subpoena on grounds of executive privilege, an argument rejected by James Boasberg, a federal district court judge in Washington. Boasberg did accept arguments by Pence’s lawyers that for constitutional reasons he could not be questioned about his actions on January 6.Lawyers for Pence argued that because he served that day as president of the Senate, overseeing the certification of electoral college results, he was protected from being forced to testify under the “speech or debate” clause of the US constitution, which protects members of Congress from questioning about official legislative acts.On Wednesday, Pence’s spokesperson, Devin O’Malley, said: “Having vindicated that principle of the constitution, vice-president Pence will not appeal the judge’s ruling and will comply with the subpoena as required by law.”Lawyers for Trump could still appeal the executive privilege ruling.The justice department investigation, under the special counsel Jack Smith, is just one form of legal jeopardy faced by Trump, even as he continues to enjoy big leads in polls regarding the Republican presidential nomination.The former president was indicted in New York this week on charges related to a hush money payment to a porn star who claims an affair.Trump also faces a Georgia state election subversion investigation, the federal investigation of his retention of classified documents and civil suits in New York over his business practices and a defamation case arising from an allegation of rape.Trump denies all wrongdoing and claims to be the victim of political witch-hunts.Pence, who is expected to announce his own run for the presidency, was almost a victim of the mob Trump sent to the Capitol on 6 January 2021, seeking to block certification of Biden’s win. As rioters chanted “Hang Mike Pence” and erected a makeshift gallows, Pence was sent running for safety.Nine deaths have been linked to the attack, including law enforcement suicides. More than a thousand people have been arrested and hundreds convicted, some of seditious conspiracy.Pence has publicly addressed his interactions with Trump after election day and up to and including January 6, not least in a book, So Help Me God, seemingly meant to prepare the ground for a presidential run.As he tries to balance his own ambitions with Trump’s dominance among Republican voters, Pence has sought to distance himself from his former president.Last month, Pence told the Gridiron dinner in Washington: “President Trump was wrong. I had no right to overturn the election, and his reckless words endangered my family and everyone at the Capitol that day, and I know that history will hold Donald Trump accountable.”Associated Press contributed reporting More

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      Mike Pence must testify before grand jury investigating January 6 – reports

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      Former US vice-president Mike Pence must testify in front of a grand jury investigating Donald Trump’s election subversion and incitement of the January 6 attack on Congress, a federal judge reportedly ruled on Tuesday.Multiple news outlets reported the ruling, which remained under seal.Trump and Pence himself have both sought to stop Pence from testifying in the justice department investigation of Trump’s attempt to overturn his defeat by Joe Biden in the 2020 presidential election.At issue are conversations between Pence and Trump leading up to January 6 and the attack on the Capitol, which is now linked to nine deaths, more than a thousand arrests and hundreds of convictions.Lawyers for Trump cited executive privilege, the concept that communications between a president and aides are protected.Lawyers for Pence argued he was protected by the separation of powers, via the vice-president’s role as president of the Senate, which he performed on 6 January 2021, the day supporters who were told to “fight like hell” by Trump tried to block certification of Biden’s win.On Tuesday, James E Boasberg, a judge in federal district court in Washington DC, reportedly rejected both arguments.Pence is not expected to have to answer questions about his own actions on 6 January 2021, when he was spirited away from a mob which chanted about hanging him while a makeshift gallows went up outside.Pence has described that experience in a book, So Help Me God, published ahead of an expected run against Trump for the Republican presidential nomination. He has also criticised Trump’s actions in public remarks. Trump has said the January 6 Capitol attack was Pence’s fault.On Tuesday, Pence was reportedly considering an appeal. Robert Costa, a CBS correspondent and co-author with Bob Woodward of the bestselling book Peril, about Trump’s attempt to cling onto power, said: “Pence has said he might see this all the way to the supreme court.”The Harvard law professor Laurence Tribe has described Pence’s defence as “meritless”, saying: “Pence needn’t file a foolish appeal just to prove his [pro-Trump] credentials. He’s done enough in that regard. Now he needs to show he’s law-abiding.”Reporting the ruling on Tuesday, the Associated Press said it set up the “extraordinary scenario of a former vice-president potentially testifying against his former boss in a criminal investigation”.Trump faces legal jeopardy on multiple fronts.An indictment is expected in New York, over a hush money payment to an adult film actor. His attempted election subversion is under investigation in Georgia and at the federal level. Jack Smith, the special counsel appointed by the US attorney general, Merrick Garland, is also investigating Trump’s retention of classified material.Authorities in New York have mounted a civil suit over Trump’s business affairs. In the same state, Trump also faces a defamation trial over an allegation of rape from the writer E Jean Carroll.Trump denies all wrongdoing, claiming to be the victim of prosecutors motivated by political and racial animus.He continues to lead polling regarding the Republican nomination for president. More

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      Trump allies and rivals rally to his defence after he claims arrest is imminent

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      Top Republicans, including some of Donald Trump’s potential rivals for the party’s 2024 presidential nomination, rushed to his defence after the former president said he expected to be arrested next week.On Saturday, Trump announced he would be arrested on Tuesday in a criminal case involving hush money payments to adult film star Stormy Daniels, but there has been no official confirmation on the likelihood that charges will be brought.“The idea of indicting a former president of the United States is deeply troubling to me, as it is to tens of millions of Americans,” said former vice-president Mike Pence, who is widely expected to launch a campaign for the Republican nomination in the coming weeks.The reaction underscores the political risks faced by would-be opponents who are eager to convince voters that it is time to move on from the former president, but who must contend with the fact that he remains the most popular figure in the party.Trump garnered similar support last summer after the FBI searched his Mar-a-Lago club as part of an investigation into his handling of classified documents. The search also proved a fundraising boon.Among those coming to Trump’s defence on Saturday were House speaker Kevin McCarthy, who said a possible indictment would be “an outrageous abuse of power by a radical DA [district attorney] who lets violent criminals walk as he pursues political vengeance” against Trump.McCarthy said he would direct relevant Republican-led House committees “to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions”. McCarthy has not endorsed Trump’s White House campaign, but Trump helped McCarthy secure the speakership after a contentious campaign that required multiple rounds of voting.McCarthy’s predecessor as speaker, Democrat Nancy Pelosi, said in a statement, “the former president’s announcement this morning is reckless: doing so to keep himself in the news and to foment unrest among his supporters.”“He cannot hide from his violations of the law, disrespect for our elections and incitements to violence.”On Saturday, Trump posted a message on his Truth Social platform, referring to himself in the third person, saying: “The far and away leading Republican candidate and former president of the United States of America will be arrested on Tuesday of next week.”Law enforcement officials in New York have been making security preparations for the possibility that Trump could be indicted, but there has been no public announcement of any timeframe or any indictment.A spokesperson and a lawyer for Trump said later on Saturday that his post was based on media reports rather than any actual update from, or communication with, prosecutors. Trump’s post cited “illegal leaks from a corrupt and highly political Manhattan district attorney’s office”.The district attorney’s office declined to comment.In his post, Trump called on his supporters to “PROTEST, PROTEST, PROTEST!!!”The post evoked the message from the then-president that preceded the insurrection by extremist supporters at the US Capitol on 6 January 2021 which ultimately failed to thwart the certification of Joe Biden’s victory.Pence, who has been escalating his criticism of the former president in recent weeks, said: “No one is above the law.” He added: “I’m confident President Trump can take care of himself. My focus is going to continue to be on the issues that are affecting the American people.”Pence had been noncommittal when asked on Thursday if Trump should drop out if he was indicted. “I think it’s a free country. Everybody can make their own decisions,” he said.Trump has said he would continue his presidential campaign even if indicted.Representatives for the Florida governor, Ron DeSantis, another potential candidate who is seen as Trump’s most serious rival, did not immediately respond to requests for comment. Former UN ambassador Nikki Haley, another declared candidate, did not address the investigation while campaigning in South Carolina.It emerged in January that Manhattan district attorney Alvin Bragg had made the surprise move to impanel a grand jury to hear evidence in the Daniels case, which had previously faded from the spotlight.Daniels met with investigators in Manhattan earlier this week to discuss Trump’s role in a $130,000 payment she received in 2016 aimed at dissuading her from going public during the election about claims she had a sexual liaison with the married Trump in 2006 – an infidelity Trump denies.In 2016 during the election that Trump went on to win, his then-lawyer, Michael Cohen, made the payment and arranged another payout to a different woman. Cohen has said that the money was paid at Trump’s direction.Federal prosecutors in 2018 charged Cohen with campaign finance crimes related to payments to Daniels and to a Playboy model, Karen McDougal, arguing that the payouts amounted to impermissible gifts to Trump’s election effort. Cohen pleaded guilty, served prison time and was disbarred. Federal prosecutors never charged Trump with any crime.Any charges in this case would most likely involve state crimes of falsifying business records, typically a misdemeanor but a felony if it was part of a cover-up or wider criminal wrongdoing, and here could revolve around campaign finance illegality.Kevin O’Brien, a former federal prosecutor and now a partner at Ford O’Brien in New York specialising in white-collar criminal defence, told the Guardian that for a felony charge, prosecutors would have to prove Trump showed an “intent to defraud” when his company “falsely accounted” for the payments to Daniels as legal expenses and effectively argue that the payments were synonymous with illegal donations to Trump’s 2016 election campaign, which would violate New York election law.O’Brien said that any criminal charges for Trump would be messy and confusing for voters and potential jurors alike.“How could this guy be running for president facing a conviction for an act of dishonesty that was indictable?” he said.Trump has cast the investigation as a “witch-hunt” and says he believes an indictment would help him in the 2024 race.Senator Lindsey Graham, a longtime Trump ally, agreed: “The prosecutor in New York has done more to help Donald Trump get elected.”Associated Press contributed to this article More

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      ‘You can blame him’: Trump shifts responsibility for January 6 on Pence

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      Donald Trump on Monday responded to Mike Pence’s contention that history will hold him accountable for the January 6 attack on Congress, saying the deadly attack was his former vice-president’s fault.“Had he sent the votes back to the legislatures, they wouldn’t have had a problem with January 6, so in many ways you can blame him for January 6,” Trump told reporters on a flight to Iowa for a campaign appearance.He was referring to his attempt to have Pence, in his role as Senate president, refuse to certify election results in battleground states, on grounds of supposed electoral fraud, thereby overturning Trump’s conclusive defeat by Joe Biden.Trump added: “Had he sent them back to Pennsylvania, Georgia, Arizona … I believe, number one, you would have had a different outcome. But I also believe you wouldn’t have had ‘January 6’ as we call it.”Nine deaths have been linked to the attack on Congress, including law enforcement suicides. The riot happened after Trump told supporters to “fight like hell”. More than a thousand rioters have been arrested, hundreds charged and many convicted, some with seditious conspiracy. Others remain wanted.Trump was impeached for inciting an insurrection but acquitted when enough Senate Republicans remained loyal. Last year, the House January 6 committee made four criminal referrals of Trump to the Department of Justice. Its investigation continues.The January 6 committee outlined how Pence refused to go along with Trump’s plan to block certification, after advisers told him he did not have the authority to do so.On the plane to Iowa on Monday, Trump falsely claimed again Pence “had the right” to refuse to certify results.Pence was otherwise a doggedly loyal vice-president but he is now preparing his own presidential bid. He addressed Trump’s culpability for the riot on Saturday, in remarks to the Gridiron dinner in Washington.“President Trump was wrong,” he said. “I had no right to overturn the election, and his reckless words endangered my family and everyone at the Capitol that day, and I know that history will hold Donald Trump accountable.”On January 6, some rioters chanted “Hang Mike Pence” while a makeshift gallows was erected outside. Pence was spirited to safety by his Secret Service detail, whose fears amid the chaos were highlighted by the January 6 committee.“What happened that day was a disgrace,” Pence said on Saturday, adding: “For as long as I live, I will never, ever diminish the injuries sustained, the lives lost, or the heroism of law enforcement on that tragic day.”Pence has, however, resisted a subpoena for testimony in the justice department investigation.On Monday, Norm Eisen, a former White House ethics chief, said: “Pence says he thinks history will hold Trump accountable. But Pence himself is not willing to do so. If he were, he’d quit making the baseless argument that the constitution grants him absolute immunity from testifying.”Trump dominates polling regarding the Republican nomination. His strongest rival is the Florida governor, Ron DeSantis, who has not yet declared a campaign.Pence and the former South Carolina governor Nikki Haley are in the next tier, far behind but with the potential to split the vote, giving Trump the nomination without a majority.On his way to Iowa, Trump told reporters: “I guess [Pence] figured that being nice is not working. But, you know, he’s out there campaigning. And he’s trying very hard. And he’s a nice man, I’ve known him, I had a very good relationship until the end.” More

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      White House rebukes Mike Pence over homophobic jokes about Pete Buttigieg

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      White House rebukes Mike Pence over homophobic jokes about Pete ButtigiegFormer vice-president took aim at transportation secretary for taking maternity leave and getting postpartum depressionThe White House rebuked the Republican former vice-president Mike Pence on Monday, for making jokes about US transportation secretary Pete Buttigieg, maternity leave and postpartum depression that it said were homophobic and offensive to women.Mike Pence: history will hold Donald Trump accountable over Capitol attackRead more“He should apologise to women and LGBTQ+ people,” said Joe Biden’s press secretary, Karine Jean-Pierre.Buttigieg is the first openly gay cabinet secretary confirmed by the US Senate.He and his husband, Chasten Buttigieg, have twins. In October 2021, as the US faced supply chain problems and familiar issues with rail and air delays and safety, the two babies were hospitalised.At the time, Pete Buttigie described “a terrifying few days” for the family.He also responded to rightwing criticism and homophobic remarks from the Fox News host Tucker Carlson, calling criticism of his parenting and use of parental leave “strange”, from “a side of the aisle that used to claim the mantle of being pro-family”.Pence, an evangelical Christian who was a congressman and governor of Indiana before becoming Donald Trump’s vice-president, is now considering a run for the Republican presidential nomination.He spoke on Saturday at the Gridiron dinner, a bipartisan Washington event featuring light-hearted speeches. Phil Murphy, the governor of New Jersey, spoke for Democrats and the secretary of state, Antony Blinken, spoke for the Biden administration.Pence made headlines for saying Donald Trump “endangered my family” on January 6 and rejecting attempts by right-wingers including Carlson to downplay the attack on Congress.But when it came to his jokes, Pence took aim at Buttigieg.Saying the secretary had taken “maternity leave” from his job, Pence added: “Thousands of travelers were stranded in airports, the air traffic system shut down, and airplanes nearly collided on our runways.“Pete is the only person in human history to have a child and everyone else gets postpartum depression.”The Associated Press said the remarks prompted criticism “even before the dinner was over”.On Monday, Jean-Pierre said: “The former vice-president’s homophobic joke about Secretary Buttigieg was offensive and inappropriate, all the more so because he treated women suffering from postpartum depression as a punchline.“He should apologise to women and LGBTQ+ people, who are entitled to be treated with dignity and respect.”Pence’s former chief of staff dismissed the White House rebuke.“The hypocrisy is especially rich considering their own secretary of state, Antony Blinken, joked that he yearned for ‘the old days’ when ‘Jews did all the work’,” Marc Short tweeted, referring to another remark at the dinner.Chasten Buttigieg posted to Twitter a picture of his husband in hospital, holding one of the twins, and said he had “an honest question” for Pence.“If your grandchild was born prematurely and placed on a ventilator at two months old – their tiny fingers wrapped around yours as the monitors beep in the background – where would you be?”Pence did not immediately comment.Before running for president and then joining Biden’s cabinet, Buttigieg was for eight years mayor of South Bend, Indiana. Pence was governor for four of those years and the two men worked well together.But Pence also attracted widespread criticism for his views on LGBTQ+ rights. On the campaign trail in 2019, Buttigieg took aim at the older man.“If me being gay was a choice, it was a choice that was made far, far above my pay grade,” Buttigieg said. “And that’s the thing I wish the Mike Pences of the world would understand: that if you’ve got a problem with who I am, your problem is not with me. Your quarrel, sir, is with my creator.”TopicsMike PencePete ButtigiegUS politicsLGBTQ+ rightsnewsReuse this content More