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      US attorney general names special counsel to weigh charges against Trump

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      US attorney general names special counsel to weigh charges against Trump‘Extraordinary circumstances’ require appointment of Jack Smith to determine whether charges should be brought, Garland says01:39Merrick Garland, the US attorney general, has appointed a special counsel to determine whether Donald Trump, the former president, should face criminal charges stemming from investigations into his alleged mishandling of national security materials and his role in the January 6 attack on the US Capitol.The politically explosive move comes just three days after Trump announced he is running for the White House yet again, despite a disappointing Republican performance in the midterm elections, especially among candidates backed by the ex-president.US attorney general appoints special counsel in Trump DoJ investigations – liveRead more“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election, and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” Garland told a press conference on Friday.Garland named Jack Smith, a veteran prosecutor, to the post, which will deal with justice department investigations into Trump’s attempt to subvert the 2020 presidential election victory for Joe Biden, and also the discovery of confidential documents at Trump’s Mar-a-Lago residence in Florida.Trump attacked the appointment within hours, in an interview with Fox News’s digital arm.“For six years I have been going through this, and I am not going to go through it any more,” Trump said. “It is not acceptable. It is so unfair. It is so political.”The appointment of a special counsel reflects the sensitivity of the justice department overseeing the two most hazardous criminal investigations into Trump, and an increased possibility of charges being brought over either matter.Special counsels are semi-independent prosecutors who can be installed for high-profile investigations when there are conflicts of interest, or the appearance of such conflicts, and provide a mechanism for the justice department to insulate itself from political considerations in charging decisions.“I strongly believe that the normal processes of this department can handle all investigations with integrity,” Garland said. “And I also believe that appointing a special counsel at this time is the right thing to do. The extraordinary circumstances presented here demand it.”The attorney general added: “I will ensure that the special counsel receives the resources to conduct this work quickly and completely. Given the work done to date and Mr Smith’s prosecutorial experience, I am confident that this appointment will not slow the completion of these investigations.”Smith, a graduate of Harvard law school, from 2010 to 2015 served as the chief of the public integrity section at the justice department, which handles government corruption investigations, a role not dissimilar to his new position as special counsel.Since 2018, he has been a special prosecutor to The Hague investigating war crimes in Kosovo, having joined the international criminal court from the US attorney’s office for the eastern district of New York in Brooklyn, where he helped prosecute a police brutality case that drew national attention.During his time at the justice department in Washington, Smith oversaw the corruption cases against former Virginia governor Bob McDonnell, ex-Arizona congressman Rick Renzi and New York assembly speaker Sheldon Silver, though convictions against McDonnell and Silver were later overturned.He oversaw the prosecution of a CIA agent for disclosing national defense information and obstructing justice – crimes that echo potential charges against Trump.And Smith has also investigated Trump before, in the 1970s, over potential fraud charges during his tenure as a prosecutor in New York. The roughly six-month investigation ultimately yielded no charges, after which Trump complained about the investigation.Politico reported that Smith was registered to vote as a political independent, not a Democrat or a Republican.In a statement released by the justice department, Smith said: “I intend to conduct the assigned investigations, and any prosecutions that may result from them, independently and in the best traditions of the Department of Justice.“The pace of the investigations will not pause or flag under my watch. I will exercise independent judgment and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”The appointment of a special counsel will be a familiar dynamic for Trump, who was the subject of Robert Mueller’s investigation shortly after he took office, examining ties between his 2016 presidential campaign and Russia. Later, Trump’s attorney general, Bill Barr, appointed special counsel John Durham to investigate allegations of FBI impropriety in the Russia investigation.Trump has already spent months since the FBI seized 103 documents marked classified from Mar-a-Lago accusing the justice department under Joe Biden of pursuing him for political reasons – a tension likely to become more biting as the 2024 election draws nearer.It was to allay those concerns, Garland said at the news conference, that he chose to appoint Smith to run the investigations. “Appointing a special counsel at this time is the right thing to do,” Garland said. “The extraordinary circumstances presented here demand it.”The appointment of a special counsel could indicate that the justice department has already accumulated substantial evidence of potential criminality by Trump and his allies. Barbara McQuade, a University of Michigan law school professor and former US attorney, said: “One thing that is significant is this suggests that they think there’s a very real possibility of charges. If they were going to close the case, it would be closed by now.”But some criticised the move as inadvertently buying Trump time and allowing an over-cautious Garland to duck responsibility. Jill Wine-Banks, a legal analyst and former Watergate prosecutor, tweeted: “Garland has named a Special Counsel to investigate Trump #MAL and parts of Jan6. I think it’s a waste of time and money, insults the prosecutors at DOJ and gains nothing. No Trump supporter will see anyone as independent or fair to Trump.”The Lincoln Project, an anti-Trump group, tweeted: “The announcement of a special counsel to investigate Trump in light of the abundance of clear and convincing evidence of his crimes unfortunately delays accountability. However, justice will come eventually & he will not be able to evade the consequences of his actions forever.”The White House press secretary, Karine Jean-Pierre, said Biden had not been given any advance notice of Garland’s announcement. “No, he was not aware, we were not aware,” she said at a delayed press briefing. “The department of justice makes decisions about criminal investigations independently. We are not involved.”Jean-Pierre added: “We were not given advance notice. We were not aware of this investigation.”TopicsDonald TrumpMerrick GarlandUS Capitol attacknewsReuse this content More

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      US attorney general appoints special counsel in Trump criminal investigation – video

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      US attorney general Merrick Garland has named Jack Smith as special counsel who has the job of determining whether Donald Trump will face charges as part of any Department of Justice investigations. The politically explosive move comes just days after the former US president announced he was running for the White House again.

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      January 6 subcommittee to examine criminal referrals it might make to DoJ

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      January 6 subcommittee to examine criminal referrals it might make to DoJFour-member panel focused on whether they have uncovered sufficient evidence that Trump violated civil and criminal statutes The House January 6 select committee has created a subcommittee to examine the scope of potential criminal referrals it might make to the justice department over the Capitol attack as well as what materials to share with federal prosecutors, its chairman and other members said on Thursday.The special subcommittee – led by Congressman Jamie Raskin, overseeing a four-person group that also involves Liz Cheney, Adam Schiff and Zoe Lofgren – has been chiefly focused on whether they have uncovered sufficient evidence that former US president Donald Trump violated civil and criminal statutes.The subcommittee has also been tasked with resolving several other outstanding issues, the panel’s chairman Bennie Thompson said. They include what materials to share with the justice department before the end of December, and its response to Trump and Republican lawmakers who have not complied with subpoenas.The question of whether and what referrals to make to the justice department has hovered over the investigation for months since the select committee’s lawyers came to believe that Trump was involved in a criminal conspiracy to defraud the United States and obstruct Congress over January 6.In March, the panel laid out its theory of a potential case against Trump, saying in a court filing that it had accumulated enough evidence to suggest that Trump and conservative attorney John Eastman could be charged with criminal and civil violations.The select committee then won a substantial victory when the US district court judge David Carter ruled that Trump “likely” committed multiple felonies in his efforts to overturn the results of the 2020 election and stop the congressional certification of Joe Biden’s election win.But some members on the panel in recent months have questioned the need for referrals to the justice department, which has ramped up its investigation into the Capitol attack and issued subpoenas to Trump’s allies demanding appearances before at least two grand juries in Washington.The debate, according to sources familiar with the matter, centered on whether making referrals might backfire if they are perceived to politically taint the criminal investigations hearing evidence about the fake electors scheme or the far-right groups that stormed the Capitol.In an effort to make final determinations on the referral question, Thompson said he asked the four members – all of whom have legal backgrounds and in the case of Schiff, have federal prosecutorial experience – to form the special subcommittee.The subcommittee is expected to make recommendations to Thompson around the start of December over what the referrals might look like, and advise on how to proceed with potential legal action against Trump and Republican lawmakers who defied the panel’s subpoenas, said a source familiar with the matter.Meanwhile Thompson said the committee will release its report on the Capitol attack next month.“Our goal is to get it completed soon so we can get it to the printer,” Thompson told reporters. “We plan to have our product out sometime in December.”TopicsJanuary 6 hearingsUS Capitol attackUS politicsDonald TrumpDemocratsnewsReuse this content More

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      Cheney hits back as Pence says January 6 committee has ‘no right’ to testimony

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      Cheney hits back as Pence says January 6 committee has ‘no right’ to testimonyPanel vice-chair issues statement with chair Bennie Thompson after Trump vice-president gives interview to CBS The chair and vice-chair of the January 6 committee hit back after Mike Pence said they had “no right” to his testimony about the Capitol attack, and claimed they presided over a “partisan” investigation.Trump bills himself as only option but Republicans split on 2024 runRead moreTestimony presented to the panel and to the nation in a series of dramatic public hearings was “not partisan”, Bennie Thompson and Liz Cheney said. “It was truthful.”Pence was speaking to CBS, to promote a new book in which he sets out his version of events on the day supporters of his president, Donald Trump, attacked Congress, some chanting that Pence should be hanged.Pence previously said he would consider testifying. But to CBS, he said: “Congress has no right to my testimony on separation of powers under the constitution of the United States.“And I believe it will establish a terrible precedent for the Congress to summon a vice-president of the United States to speak about deliberations that took place at the White House.”Trump supporters attacked Congress after he told them to “fight like hell” to stop certification of Joe Biden’s election win, in service of the lie that it was the result of electoral fraud. Nine deaths have been linked to the riot, including suicides among law enforcement.Trump was impeached a second time but acquitted when Senate Republicans stayed loyal. On Tuesday, he announced a third consecutive presidential run.Pence is also eyeing a run for the Republican nomination. In doing so he must balance promoting his record as vice-president to Trump, thereby appealing to Trump’s supporters, with distancing himself from a former president whose standing is slipping after Republican disappointment in the midterm elections.Pence said he was “closing the door” on the prospect of testifying.“But I must say again, the partisan nature of the January 6 committee has been a disappointment to me. It seemed to me in the beginning, there was an opportunity to examine every aspect of what happened on January 6, and to do so more in the spirit of the 9/11 Commission, non-partisan, non-political, and that was an opportunity lost.”The January 6 committee was appointed by the Democratic House speaker, Nancy Pelosi, after the Republican leader in the House, Kevin McCarthy, tried to appoint Trump allies to a 9/11-style panel. Pelosi rejected those appointments, leading McCarthy to withdraw from the process.The January 6 committee consists of seven Democrats and two Republicans, Cheney and Adam Kinzinger, anti-Trump figures who will soon leave Congress.Who’s next? Republicans who might go up against Trump in 2024Read moreThe panel is wrapping up its work, after it was confirmed on Wednesday that Republicans will take control of the House.In their statement, Thompson and Cheney said: “The select committee has proceeded respectfully and responsibly in our engagement with Vice-President Pence, so it is disappointing that he is misrepresenting the nature of our investigation while giving interviews to promote his new book.“Our investigation has publicly presented the testimony of more than 50 Republican witnesses, including senior members of the TrumpWhite House, the Trump campaign, and the Trump justice department.“This testimony, subject to criminal penalties for lying to Congress, was not ‘partisan’. It was truthful.”TopicsMike PenceJanuary 6 hearingsLiz CheneyUS politicsUS CongressHouse of RepresentativesRepublicansnewsReuse this content More

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      Trump to barrel ahead with campaign reveal despite Republican pushback

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      Trump to barrel ahead with campaign reveal despite Republican pushbackSources say Trump will deliver the address from Mar-a-Lago Tuesday even though his candidates fared poorly in the midterms Donald Trump is expected to announce his 2024 presidential campaign on Tuesday night as planned, according to multiple sources close to the former US president, inserting himself into the center of national politics as he attempts to box out potential rivals seeking the Republican nomination.Trump for 2024 would be ‘bad mistake’, Republican says as blame game deepens Read moreTrump will deliver at 9pm ET a speech from the ballroom at his Mar-a-Lago resort, where he recently hosted a subdued midterm elections watch party, and detail several policy goals that aides hope could become central themes of the presidential campaign.Trump’s remarks were being finalized late into the night with a pair of speechwriters and his political team, the sources said, with aides keen for the former president to convey a degree of seriousness as he seeks voters to elevate him to a second term in the White House.The political team at Mar-a-Lago are aware nonetheless that Trump has a penchant for veering off script and delivering news as he pleases, often fixating on grievances over debunked election fraud claims that have historically done him no favors.Still, Trump appears to know that after the disappointing Republican results in the midterm elections, he is perhaps at his most politically vulnerable since the January 6 Capitol attack, and faces a critical moment to ensure he does not get discarded by the rest of the GOP.03:20The former president has been forced to shoulder some of the blame for poor performances in key races, including in Pennsylvania, where his handpicked Republican candidate, Mehmet Oz, lost to Democrat John Fetterman in a contest that allowed Democrats to keep the Senate majority.That prompted some of his trusted external advisers to urge him to delay announcing his 2024 candidacy until after the Senate runoff election in Georgia, where another of his Republican candidates, Herschel Walker, trailed Democratic incumbent Raphael Warnock in a close general election.The group urging a delay feared that Trump could sink the Senate runoff for Republicans as he is widely considered to have done in 2020, when he focused on his own angry complaints about the 2020 election rather than helping the party’s two candidates, who both ended up losing.But Trump was told by top members of his political team to stick to the original schedule, the Guardian has previously reported, since delaying the announcement would give him the appearance of being wounded by the disappointing results in the midterms and would make him look weak.The calendar would also complicate an announcement later in the year, he was told, since waiting until the week after the runoffs in December would be the final week before Christmas – which would mean only several days of cable news coverage before the holiday season.A further consideration may have also been on Trump’s mind: the idea – though likely misguided – that declaring his candidacy would provide protection from the justice department as prosecutors investigate whether he criminally retained national security documents at Mar-a-Lago.Trump was swayed by the “go” advisers just a few days after election night for the midterms, the sources said. The decision was communicated as final and several “delay” advisers, like Jason Miller, reversed course to publicly support a Tuesday announcement.But Trump has remained unsettled about the possibility that Florida governor Ron DeSantis, who won re-election last week in a landslide, may consider a 2024 White House bid of his own – the one potential candidate he considers a genuine threat.To get ahead of rivals, reinforce his status as the frontrunner for the Republican nomination, and if nothing else, seize the limelight, Trump has been itching for some time to launch his 2024 campaign and has already started laying the groundwork for the effort.The former president wanted to announce his candidacy at his final rally before the midterms when he stumped for Senate candidate JD Vance in Ohio, one of the bright spots for Trump’s endorsements given Vance’s comfortable victory.Instead, having been told to hold off his 2024 campaign launch for fear he could turn out more Democratic voters in the midterms, Trump ended up announcing that he would announce his candidacy – which his political team later rued as perhaps having the same effect.TopicsDonald TrumpRepublicansMar-a-LagoUS Capitol attackUS midterm elections 2022newsReuse this content More

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      Adrian Fontes wins highly contested secretary of state in Arizona

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      Adrian Fontes wins highly contested secretary of state in ArizonaThe former Marine beat Mark Finchem, an ex-member of Oath Keepers militia who was at the Capitol on January 6 The victory of Adrian Fontes, the Democratic candidate for secretary of state in Arizona, may come to be seen as one of the most significant results of the 2022 elections in terms of the future of American democracy.Activists scramble after some Georgia voters don’t receive absentee ballotsRead moreFontes, a former Marine, managed to fend off one of the most contentious Republican election deniers in a bitterly fought and exceedingly close race. His opponent, Mark Finchem, is a state lawmaker who has been a member of the far-right Oath Keepers militia and was present at the US Capitol on the day of the 6 January 2021 insurrection.Finchem has made repeated efforts to overturn Joe Biden’s win in Arizona in the 2020 election, in favor of his idol Donald Trump.By frustrating Finchem’s efforts to secure the secretary of state position, Fontes has prevented both local and federal election administration in Arizona falling into the hands of an avid opponent of democratic norms. Had Finchem come out on top, as some polls suggested he might in the final stretch of the campaign, he would have been placed to radically alter Arizona’s handling of elections and could even have subverted the outcome of the 2024 presidential battle.In an interview with the Guardian shortly before election day, Fontes said that a Finchem victory would have threatened “the fate of the republic, and the free world too if you accept that America is still its leader”.As Arizona’s secretary of state-elect, Fontes will now become second in line of succession to the governor. He will be in a strong position to influence how elections are conducted in the state, including the presidential race in two years’ time in which Trump has indicated he is minded to stand again.In his bid to voters, Fontes promised that were he to win he would preserve mail-in voting, a popular way of casting ballots in Arizona that Finchem had threatened to restrict claiming without evidence that it was riddled with fraud.Fontes is no stranger to electoral disputes. In 2020 he was the recorder of Maricopa, Arizona’s most populous county, which put him at the centre of the storm over the election count there in which Republicans demanded a much-derided “audit” of the count.TopicsArizonaUS midterm elections 2022The far rightUS Capitol attacknewsReuse this content More

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      Trump files lawsuit to block House Capitol attack panel’s subpoena

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      Trump files lawsuit to block House Capitol attack panel’s subpoenaThe committee demanded the ex-president’s testimony and access to several documents in their investigation of the 6 January riot Donald Trump’s attorneys filed a lawsuit seeking to block the House January 6 select committee’s subpoena demanding his testimony in its investigation, according to court documents and a statement on Friday night, setting up a legal battle over the extent of executive power. The suit marks an aggressive posture from the former president as he seeks to avoid complying with the sprawling subpoena, in an effort that could culminate in a constitutionally significant showdown before the US supreme court.Rift in Trump’s inner circle over 2024 presidential campaign announcementRead more“Former President Trump turns to the courts to preserve his rights and executive branch independence consistently upheld by the courts and endorsed by the Department of Justice,” Trump’s attorneys wrote in a 41-page submission filed in federal court in West Palm Beach, Florida.The lawsuit contends that, while former presidents have voluntarily agreed to provide testimony or documents in response to congressional subpoenas in the past, “no president or former president has ever been compelled to do so”.“Long-held precedent and practice maintain that separation of powers prohibits Congress from compelling a President to testify before it,” Trump attorney’s David A Warrington said in a statement announcing Trump‘s intentions.He said Trump had “engaged with the committee in a good faith effort to resolve these concerns consistent with executive branch prerogatives and separation of powers”, but said the panel “insists on pursuing a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this dispute between the executive and legislative branches”.The suit prolongs the battle over Trump’s testimony and makes it likely it will never happen, as the committee is expected to disband at the end of the legislative session in January.The committee voted to subpoena Trump during its final televised hearing before the midterm elections and formally did so last month, demanding testimony from the former president. Committee members allege Trump “personally orchestrated” a vast effort to overturn the results of the 2020 election.They said Trump had to testify, either at the Capitol or by videoconference, “beginning on or about” 14 November and continuing for multiple days if necessary.The letter also outlined a sweeping request for documents, including personal communications between Trump and members of Congress as well as extremist groups.The lawsuit comes as Trump is expected to launch a third campaign for president next week.TopicsDonald TrumpJanuary 6 hearingsUS Capitol attacknewsReuse this content More

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      Trump said Pence was ‘too honest’ over January 6 plot, says ex-vice-president in book

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      Trump said Pence was ‘too honest’ over January 6 plot, says ex-vice-president in bookPence also seems to blame anti-Trump Lincoln Project for angering former president with political ad, fueling Capitol attack Shortly before the January 6 insurrection, Donald Trump warned Mike Pence he was “too honest” when he hesitated to pursue legalistic attempts to stop certification of Joe Biden’s 2020 election victory and would make Trump’s supporters “hate his guts”, the former vice-president writes in his memoir.The winner of the midterms is not yet clear – but the loser is Donald TrumpRead morePence also seems, bizarrely, to blame the anti-Trump Lincoln Project for enraging Trump with a political ad, thereby fueling the anger that incited the Capitol attack.Pence’s book, So Help Me God, will be published in the US on Tuesday. An extract was published by the Wall Street Journal on Wednesday.Describing a conversation on New Year’s Day 2021, five days before supporters Trump told to “fight like hell” stormed the US Capitol, Pence writes that he and Trump discussed a lawsuit filed by Republicans, asking a judge to declare the vice-president had “‘exclusive authority and sole discretion to decide which electoral votes should count”.Pence says Trump told him that if the suit “gives you the power, why would you oppose it?”Pence says he “told him, as I had many times, that I didn’t believe I possessed that power under the constitution”.“You’re too honest,” Trump chided. “Hundreds of thousands are gonna hate your guts … People are gonna think you’re stupid.”In the end, hundreds of Trump supporters stormed the Capitol, some chanting that Pence should be hanged. Nine deaths, including law enforcement suicides, have been linked to the riot.Pence’s book emerges as he seeks to establish himself as an alternative to Trump in the Republican presidential primary for 2024.Trump has indicated he will announce his third consecutive run soon, a plan possibly delayed by midterm elections on Tuesday in which the GOP did not succeed as expected and high-profile Trump-backed candidates failed to win their races.Ron DeSantis, the Florida governor and a much stronger rival to Trump in polling than Pence, provided a bright spot for Republicans with a landslide win that thrust his name back into the spotlight.In hearings held by the House January 6 committee, Pence has been painted as a hero for refusing to attempt to block Biden’s win, even after his life was placed in danger.In the extract published on Thursday, Pence said the Lincoln Project, a group of anti-Trump conservative operatives, angered Trump with an ad which said Pence would “put the final nail in the coffin” of his re-election campaign by certifying Biden’s win.Rick Wilson, a Lincoln Project co-founder, told the Guardian: “It’s no secret that the Lincoln Project has lived rent-free in Donald Trump’s head since 2019. Mike Pence telling this story is one more powerful testimony to just how our ‘audience of one’ strategy unfailingly disrupts Trump world.”On Twitter, Wilson linked to the ad.On the page, Pence describes events inside the Capitol as Trump’s supporters attacked. His account parallels reporting by news outlets and testimony presented by the House committee, to which Pence has not yet testified.The devoutly Christian Pence gives his version of a call with Trump on the morning of 6 January in which Trump has widely been described as calling his vice-president a “pussy”.Pence writes: “The president laid into me. ‘You’ll go down as a wimp,’ he said. ‘If you [don’t block certification], I made a big mistake five years ago!’”Pence describes his refusal, also widely reported, to get in a Secret Service vehicle, lest his protectors drive him away while the attack was in motion.He describes meetings with Trump after the riot, when Trump’s second impeachment was in train. On 11 January, Pence writes, Trump “looked tired, and his voice seemed fainter than usual”. He says Trump “responded with a hint of regret” when he was told Pence’s wife and daughter were also at the Capitol during the deadly attack.“He then asked, ‘Were you scared?’“‘No,’ I replied, ‘I was angry. You and I had our differences that day, Mr President, and seeing those people tearing up the Capitol infuriated me.’ He started to bring up the election, saying that people were angry, but his voice trailed off. I told him he had to set that aside, and he responded quietly, ‘Yeah.’”Pence claims the Capitol rioters, more than 900 of whom have now been charged, some with seditious conspiracy, were “not our movement”. He says Trump spoke with “genuine sadness in his voice” as he “mused: ‘What if we hadn’t had the rally? What if they hadn’t gone to the Capitol? … It’s too terrible to end like this.’”Pence may risk angering Trump by presenting something approaching presidential contrition. Trump claims to regret nothing about his actions on 6 January, denying wrongdoing in the face of multiple investigations, pursuing the lie that his defeat was the result of electoral fraud and presenting rioters as political prisoners.Pence also describes a meeting on 14 January, “the day after President Trump was impeached for the second time”.“I reminded him that I was praying for him,” Pence writes. Trump, he says, answered “Don’t bother” but added: “It’s been fun.”Pence said he told Trump they would “just have to disagree on two things” – January 6 and the fact Pence would “never stop praying” for Trump.Pence says Trump smiled and said: “That’s right – don’t ever change.”TopicsBooksMike PenceDonald TrumpTrump administrationUS Capitol attackUS elections 2020US politicsnewsReuse this content More