Former Vice President Mike Pence has refuted the notion that former President Donald Trump only asked him to delay the counting of electoral votes on Jan. 6, 2021, to allow for audits of state election results. Pence stated during an interview on CBS's "Face the Nation" that he had no such authority. He explained that from sometime in the middle of December, Trump began to be told that Pence had the right to overturn the election or reject votes, which Pence clarified was not true. Pence also mentioned that he had taken contemporaneous notes in the weeks leading up to Jan. 6, where he wrote down important moments and conversations. He emphasized that he knew he had no authority to overturn the election and believed that no one who puts themselves over the Constitution should be President of the United States.

In response to Pence's statements, former President Trump's attorney, John Lauro, argued that Pence would be the defense's "best witness" in the federal case accusing Trump of trying to overturn the 2020 election results. Lauro explained in an interview on "Face the Nation" that Pence's agreement with legal advice given by John Eastman, an esteemed legal scholar, and his acknowledgement of election irregularities and fraud would weaken any allegation of criminal intent on Trump's part. Lauro acknowledged that there was a constitutional disagreement between Pence and Trump but emphasized that such disagreements have never been prosecuted criminally in the country's history.

The former president, Donald Trump, was indicted for a second time on federal charges related to his efforts to remain in power after losing the 2020 presidential election. The indictment included four charges against Trump: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. One of the allegations against Trump is that he attempted to enlist Pence to fraudulently overturn the election results. The indictment referred to contemporaneous notes taken by Pence, which prosecutors claim show Trump pressuring him to reject the electoral votes. Pence stated that he had no authority to overturn the election and that he had no discretion in history or the future to do so.

Pence did not rule out being a prosecution witness if the case against Trump goes to trial. He stated that he had "no plans" to testify but emphasized that he would respond to the call of the law and tell the truth if required. Pence is currently running against Trump in the 2024 Republican presidential nominating contest. Trump has attacked Pence, denying that he called him "too honest" and referring to him as "'Liddle' Mike Pence." Pence's campaign has been struggling, and he risks not making it to the first Republican presidential debate due to a lack of donors. Trump, on the other hand, remains the frontrunner in the polls, with his numbers boosted each time he faces an indictment.

In response to Trump's indictment, Pence's campaign has started selling hats and T-shirts with a “Too Honest” logo, highlighting his disagreement with Trump's actions. Despite their disagreements, Pence stated that he hopes Trump receives a fair trial in the District of Columbia and believes he did his duty on Jan. 6, 2021.