Justice Department says it won’t charge Pence over classified documents

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The Department of Justice has informed former Vice President Mike Pence ‘s legal team that it will not pursue criminal charges related to the discovery of classified documents at his suburban Indianapolis home.

The department sent a letter to Pence’s attorney Thursday informing his team that, after an investigation into the potential mishandling of classified information, no criminal charges will be sought. A Justice Department official confirmed the authenticity of the letter, which was obtained by The Associated Press.

The news comes days before Pence is set to launch his campaign for the Republican nomination for president in Iowa on Wednesday—a race that will put him in direct competition with his old boss, former President Donald Trump.

No evidence ever emerged suggesting that Pence intentionally hid any documents from the government or even knew they were in his home, so there was never an expectation that the former vice president would face charges. But the decision by the government and the timing are nonetheless good news for Pence’s political team before his entry into the 2024 contest.

Pence and his wife, Karen, purchased the 7-bedroom, 7½-bathroom house for $1.93 million in 2021. The home is within Carmel city limits in Hamilton County but has a Zionsville postal address.

Attorney General Merrick Garland had named a special counsel to oversee the Justice Department’s investigation into Trump’s handling of classified documents, as well as Trump’s efforts to overturn the results of the 2020 election, just three days after Trump formally launched his 2024 campaign—an acknowledgment of the high political stakes.

Documents with classified markings were discovered at Pence’s home in January after he asked his lawyers to search his vice presidential belongings. The items, which were promptly turned over to the FBI, “were inadvertently boxed and transported” to Pence’s home at the end of the last administration, Pence’s lawyer, Greg Jacob, wrote in a letter to the National Archives.

The FBI discovered an additional document with classified markings at the Indiana house during a search the following month.

Beyond Pence, Justice Department special counsels are continuing to investigate the handling of classified documents found at homes or offices of both Trump and President Joe Biden, from when he was vice president.

The status of the Biden documents investigation is unclear, but the Trump investigation has shown signs of winding down. Prosecutors appear close to a decision on whether to bring criminal charges against the ex-president or anyone else.

The team led by special counsel Jack Smith has placed a broad cross-section of witnesses before a federal grand jury investigating Trump, including former and close Trump aides. The investigation has centered on not only whether Trump illegally possessed roughly 300 documents marked as classified but also on whether he obstructed government efforts to secure their return.

The Biden and Pence matters have always stood apart, factually and legally, from the Trump investigation because in both of those cases, aides proactively disclosed the discovery of classified documents to the Justice Department and facilitated their return.

In the Trump investigation, Trump resisted months of demands to return classified documents taken with him from the White House to his Florida residence, Mar-a-Lago, after his term ended. After coming to suspect that more classified documents remained at the property, despite a subpoena and a visit by investigators, the FBI returned last August with a search warrant and recovered about 100 additional documents marked as classified, including at the top-secret level.

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2 thoughts on “Justice Department says it won’t charge Pence over classified documents

  1. Given the facts as we know them, this seems like the right call. Though it’s worth noting the average person might not have received such leniency. Also worth noting Biden essentially falls into the same fact pattern – documents mistakenly removed, likely by staff, and not known about until he did a thorough search. Both were fully and immediately cooperative once they found they had documents. Contrast this with Trump, who knowingly had possession of documents improperly, dragged his feet on returning them, lied about what he had, and hid what he had once warrants and subpoenas were issued.

    1. Translation: Deep State hacks like Pence and Biden get special treatment from their uniparty buddies, and here’s the reasoning why.

      But you are 100% correct that “the average person might not have received such leniency”. We the plebeians get a roided-up IRS to investigate our tax filings, while the uniparty pretends that they will “go after the ultra-rich”…but they won’t, because they are their biggest campaign donors.

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