Experts reject Trump's claim that he's just "as innocent" as Mike Pence after DOJ drops docs probe

Pence didn't know about the docs and returned them — "all of which is in marked contrast with Donald Trump"

By Tatyana Tandanpolie

Staff Writer

Published June 2, 2023 1:40PM (EDT)

Former U.S. Vice President Mike Pence speaks during the Federalist Society's Executive Branch Review Conference at The Mayflower Hotel April 25, 2023 in Washington, DC. (Drew Angerer/Getty Images)
Former U.S. Vice President Mike Pence speaks during the Federalist Society's Executive Branch Review Conference at The Mayflower Hotel April 25, 2023 in Washington, DC. (Drew Angerer/Getty Images)

The Department of Justice informed former Vice President Mike Pence in a letter Thursday night that it will not bring charges against him regarding the classified documents he kept in his Indiana home after leaving office, three sources familiar with the matter told The New York Times.

Notice of the probe's end came just days before Pence was slated to announce his bid for the Republican nomination in Iowa ahead of the 2024 election.

The Justice Department wrote to Pence's lawyer that it and the FBI had conducted the investigation into the potential mishandling of the materials, one of the sources who read the letter said, adding that the department said, "no criminal charges will be sought" based on its findings.

One of Pence's lawyers searched his Indiana residence for documents in January following reports that President Joe Biden's aides had found a heap of classified information at one of his old Delaware offices.

"It is appropriate that the Justice Department will not charge Mike Pence given that it was only a few documents, he apparently didn't know about them, and he has fully cooperated with the investigation—all of which is in marked contrast with Donald Trump," former federal prosecutor Noah Bookbinder tweeted about the latest report.

Former President Trump, who is under federal investigation for his handling of classified documents, flouted a federal subpoena last May to return the more than 100 sensitive materials later found at his Mar-a-Lago estate. 

Trump likened Pence's handling of documents to his own in a post to Truth Social

"Just announced that they are not going to bring charges against Mike Pence on the document hoax," he said. "That's great, but when am I going to be fully exonerated, I'm at least as innocent as he is. And what about Joe Biden, who is hiding at least 1850 boxes, and some located in Chinatown, DC? When will the witch hunt against 'TRUMP' stop?"

But legal experts say Trump's case is vastly different from Pence's situation.


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"This is what happens when you voluntarily return items to the govt, don't claim they're yours, hide them & lie about," former U.S. Attorney Joyce Vance tweeted. "Also: showing them off to others. Confident this is a prelude to DOJ seeking charges against Trump for those reasons."

"Discover classified documents at your home after leaving the White House, immediately acknowledge and turn the documents over to the FBI/Archives, and look what happens," Ryan Goodman, a professor at New York University's School of Law and former special counsel, added of Pence.


By Tatyana Tandanpolie

Tatyana Tandanpolie is a staff writer at Salon. Born and raised in central Ohio, she moved to New York City in 2018 to pursue degrees in Journalism and Africana Studies at New York University. She is currently based in her home state and has previously written for local Columbus publications, including Columbus Monthly, CityScene Magazine and The Columbus Dispatch.

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Aggregate Donald Trump Jack Smith Mar-a-lago Mike Pence Politics