Pence’s special counsel “more likely than not,” says former WH ethics attorney


Norm Eisen, a former Obama White House ethics lawyer, said Wednesday it is “more likely than not” that a special counsel will be assigned to investigate classified documents found at former Vice President Mike Pence’s residence.

During an appearance on “TSTIME Newsroom,” host Abby Phillip asked Eisen, a legal analyst for the network, if the Justice Department would deploy special counsel on Pence’s case, as it has done for former President Trump and President Biden.

“Abby, there is no doubt that Attorney General Merrick Garland is under pressure to handle the Pence case the way he did the Biden and Trump cases,” Eisen told Phillip.

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“But it is not certain that we will have special counsel because, as the attorney general said yesterday, what DOJ does is try to look at every case on the facts and on the law,” Eisen added. “We need to know more details about Pence. It is more likely than not that we will get a third special counsel to look into the Pence situation.”

Eisen also served as co-counsel for the House Judiciary Committee during then-President Trump’s first impeachment trial.

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His remarks come a day after officials confirmed classified documents had been found at Pence’s Indiana residence, while his attorney, Greg Jacob, wrote in a letter that Pence’s team had notified the National Archives the previous week of the discovery of a small number of documents in the former vice president’s residence.

Pence’s attorney added in his letter to the records that his client was “not aware of the existence of any sensitive or classified documents in his personal residence.”

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In a Truth Social post, Trump said his former vice president “is an innocent man. He has never knowingly done anything dishonest in his life. Leave him alone!!!”

The discovery has complicated GOP attacks on Biden’s handling of classified material.

“Politically, this makes it difficult, if not impossible, for the GOP to criticize Biden, without harming Pence; the situations are very similar,” tweeted Joyce White Vance, a law professor and legal analyst on MSNBC.



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