Last Updated on August 2, 2023

Joe Biden’s DOJ is using the “Pence Card” memo that circulated the Trump White House in December 2020 as evidence in their Washington, DC indictment against the 45th President. The memo, which was exclusively published by National File, explained how then-Vice President Mike Pence had a legal and constitutional duty to reject the certification of electors from contested states, where illegal changes to election law were made and where documented instances of fraud had been discovered in the wake of the 2020 presidential race. But instead of taking action, Pence stood down.

The case against President Trump in Washington, DC goes well-beyond claims that he incited an “insurrection” on January 6th, 2021, and launches a direct attack against the American Republic and its constitutionally-prescribed electoral procedures.

By using the “Pence Card” memo as evidence in their case against the 45th President, Jack Smith and the rest of Joe Biden’s DOJ is taking aim squarely at the basic concepts of American governance and the most sacred duties of American elected officials, by claiming that the Vice President of the United States has no legal or constitutional authority to ensure that presidential election results are actually legitimate and reflect the actual will of The People.

“On December 23 [2020], the Defendant re-tweeted a memo (which was exclusively published here, on NationalFile.com) titled ‘Operation ‘PENCE’ CARD,’ which falsely asserted that the Vice President could, among other things, unilaterally disqualify legitimate electors from six targeted states,” the DOJ’s latest indictment against President Trump reads, on page 33.

“On the same day, Co-Conspirator 2 circulated a two-page memorandum outlining a plan for the Vice President to unlawfully declare the Defendant the certified winner of the presidential election,” the indictment goes on, erroneously claiming that the constitutional duties assigned to the Vice President of the United States are somehow illegal, in what appears to be an attempt to set the precedent to prosecute any future Vice President who questions the legitimacy of electors from contested states.

Despite the claims of prosecutor Jack Smith and Joe Biden’s Department of Justice, as outlined in the Pence Card memo, both the U.S. Code and the U.S. Constitution REQUIRE the Vice President of the United States to REJECT the certification of unlawful electors.

As National File exclusively reported in 2020:

Sources in the Trump administration confirmed to National File that President Donald Trump’s most vocal advocates within the White House have determined that both U.S. Code and the Constitution contain language that requires Vice President Mike Pence to reject unlawful Electoral College certificates, but Pence must act by no later than Wednesday, December 23 [,2020].

The drafters of this White House memo believe that the federal check to the states’ elections resides with Vice President Mike Pence in his role as President of the Senate. Additionally, Pence has the sole power determine whether to reject impermissible states of electors. However, Pence is legally required to do this on the fourth Wednesday in December, which this year falls on December 23.

The revelation that Pence alone can reject allegedly fraudulent Electoral College certificates shifts the spotlight from President Trump and Congressional leaders significantly by putting President Trump’s electoral destiny squarely on Pence’s shoulders.

National File EXCLUSIVE: White House Memo Details How ‘Pence Card’ Can Save Trump’s Presidency On Dec 23

As readers will know, Mike Pence didn’t just stand down on December 23, 2020, when he could have rejected reported election results from contested states.

The former Vice President stood down once again on January 6th, 2021 when, alongside Nancy Pelosi, Mike Pence finalized the certification process, over a chorus of objections from The American People’s elected Representatives.

Pence says that he’s “proud” to have certified the 2020 Presidential Election despite the fact that in interviews, the former VP admitted that contested states conducted their elections in violation of their own election laws, as set forth by their state legislatures.

There are “states across the country that conducted their elections outside how the state legislatures had approved them,” Pence said in a video interview, a clip of which can be viewed HERE.

Constitutionally speaking, that issue alone should have been enough to prompt Pence to reject electors from those states.

Taking things even further, when the former failed Vice President stood down on January 6th, Pence, alongside Nancy Pelosi, violated America’s constitutional election process by refusing to allow the necessary number of Representatives and Senators to be in the room as Electoral College results were certified. Video footage of that dereliction of duty can be viewed HERE.