Jan. 6 hearing told Trump knew plan to pressure Pence was illegal, went ahead anyway

The committee said the mob attacking the Capitol got within 40 feet of Pence.

Last Updated: June 17, 2022, 9:37 AM EDT

The House's Jan. 6 committee held its third public hearing of the month, on Thursday, with the focus on the pressure campaign on then-Vice President Mike Pence.

The committee detailed the efforts of then-President Donald Trump and his allies before and on Jan. 6, 2021, to get Pence to reject electoral votes Congress was certifying -- as part of what it says was a plot to overturn the 2020 presidential election.

Jun 16, 2022, 3:04 PM EDT

Pence’s chief of staff alerted Secret Service about VP's safety on Jan. 5

Marc Short, Pence’s former chief of staff, said he grew worried about the vice president’s safety as the disagreement between Pence and Trump escalated in the days leading up to Jan. 6.

“The concern was for the vice president’s security, so I wanted to make sure the head of the vice president’s Secret Service was aware that likely, as these disputes became more public, that the president would lash out in some way,” Short said in his taped deposition.

Short called the Secret Service on Jan. 5, 2021.

“After the recess, we will hear that Marc Short’s concerns were justified,” Rep. Pete Anguilar said. “The vice president was in danger.”

Jun 16, 2022, 5:48 PM EDT

DOJ tells committee it's 'critical' to provide investigation intel

As Attorney General Merrick Garland and his prosecutors are closely watching the hearings conducted by the committee this week, the Department of Justice sent a new letter telling the committee it was "critical" members "provide us with copies of the transcripts of all its witness interviews."

In a letter to the committee's chief investigator Wednesday, senior officials at the Justice Department said that the first two hearings this month showed the interviews conducted by the hearing "are not just potentially relevant to our overall criminal investigations but are likely relevant to specific prosecutions that have already commenced."

PHOTO: U.S. Representative Pete Aguilar, Committee Chairperson Rep. Bennie Thompson and Committee Vice Chair Rep. Liz Cheney, attend a public hearing to investigate the Jan. 6 Attack on the US Capitol, on Capitol Hill in Washington, June 16, 2022.
Members of the U.S. House Select Committee, U.S. Representative Pete Aguilar, Committee Chairperson Rep. Bennie Thompson and Committee Vice Chair Rep. Liz Cheney, attend the third of eight planned public hearings to investigate the Jan. 6 Attack on the United States Capitol, on Capitol Hill in Washington, June 16, 2022.
Jonathan Ernst/Reuters

The request suggests there are matters beyond violence on the ground on Jan. 6 that the Justice Department is already investigating -- specifically alternate or fake electors as a part of the theory that Pence could unilaterally block the ceremony of Joe Biden as President.

The committee's chairman, Bennie Thompson of Mississippi, told ABC News on Thursday hat his group didn't intend to provide the department with the transcripts of their witness depositions prior to the public hearings concluding -- but he added that that doesn't mean the committee won't cooperate, only that they don't want to stop their work to accommodate such a request.

Click here for more on potential federal crimes the committee has floated.

-ABC News' Katherine Faulders and Alexander Mallin

Jun 16, 2022, 3:23 PM EDT

Attorney who pushed theory Pence could save Trump previously dismissed that same claim: Docs

Trump White House attorney John Eastman, at the center of the alleged scheme to send a false slate of electors to Congress and have Pence refuse to certify votes, based his reasoning on a theory the committee argued he never believed.

According to the committee, Eastman sought to take advantage of an ambiguity in the Electoral Count Act and claim the vice president could has the constitutional authority to reject electoral votes outright and use his capacity as presiding officer to suspend the proceedings.

"He described for me what he thought the ambiguity was in the statute. And he was walking through it at that time. And I said, 'Hold on a second, I don't understand you're saying,'" said former Trump White House attorney Eric Herschmann in taped testimony.

Committee Chairman Rep. Bennie Thompson speaks as Rep. Pete Aguilar, Vice Chair Liz Cheney, listen, as the House select committee investigating the Jan. 6, 2021, attack on the Capitol holds a hearing in Washington, June 16, 2022.
J. Scott Applewhite/AP

Showing past documents, the committee said that Eastman had dismissed the same power he later claimed Pence could have used.

"In this letter, an idea was proposed that the vice president could determine which electors to count -- but the person writing in blue negates that argument," said Rep. Pete Aguilar. "Judge Luttig, does it surprise you that the author of those comments in blue, are in fact, John Eastman?

Former federal judge Michael Luttig responded "yes" and called it "constitutional mischief."

Jun 16, 2022, 2:32 PM EDT

Pence told Trump ‘many times’ he couldn't overturn election: Marc Short

The committee aired several clips featuring Trump, Rudy Giuliani, Jason Miller, Steve Bannon and others publicly pressuring Pence to refuse the Electoral College votes that were in favor of Joe Biden.

“I hope Mike Pence comes through for us,” Trump said in one video from his rally at the Ellipse on Jan. 6, 2021. “He’s a great guy. If he doesn't come through, I won’t like him quite as much.”

Marc Short, Pence’s former chief of staff, told the committee in previously recorded testimony that Pence directly conveyed his view to Trump “many times” that he didn’t have the authority to do what they were asking of him.

“He'd been consistent in conveying his position to the president?” the committee asked Short.

“Very consistent,” Short replied.

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