“Not a Traitor”: Defenders Say Mike Pence Followed the Constitution, Not the Crowd


Washington, D.C., May 2025 — As political tensions remain high within the Republican Party, one name still sparks fierce debate: Mike Pence. Vilified by many Trump loyalists for certifying the 2020 election results, Pence is once again being labeled a “traitor” — a charge his defenders firmly reject as both unfair and historically inaccurate.

One widely shared rebuttal this week captured the frustration of those defending the former Vice President:
“A traitor? Come on. You can wish he did things differently, but based on the info he had, he stuck by the Constitution. Go after the courts that wouldn’t hear the challenges — but Pence is not a traitor.”

That sentiment is gaining traction among conservatives who argue that Pence’s controversial decision on January 6, 2021, was not betrayal, but fidelity to the rule of law.


The Constitution: Pence’s Guiding Line

As President of the Senate, Pence’s role on January 6 was largely ceremonial. According to the U.S. Constitution and the Electoral Count Act of 1887, the Vice President does not have unilateral power to reject electoral votes.

Pence made that clear in a letter released just hours before Congress convened to certify the results. “My oath to support and defend the Constitution constrains me from claiming unilateral authority,” he wrote at the time.

“Pence was in an impossible position,” said retired federal judge Martha Ellison. “He could either follow the law and enrage half his base, or break the law to appease political demands. He chose the Constitution. That’s not treason — that’s courage.”


Courts, Not Pence, Shut Down the Legal Challenges

Supporters also point out that more than 60 lawsuits challenging the 2020 election were dismissed by state and federal courts — many of them overseen by Trump-appointed judges. Notably, the Supreme Court declined to hear key cases, citing lack of standing or insufficient evidence.

“If there was fraud to uncover, the courts would have done it,” said constitutional law professor Andrew Lang from the University of Virginia. “Pence didn’t make those rulings. He just acknowledged the outcomes.”

Critics who label Pence a “traitor” often overlook the judicial context in which he operated. Legal avenues were pursued — and exhausted — long before January 6.


Rewriting the Role of Vice President?

Among constitutional scholars, the idea that Pence could have halted or reversed the election outcome is seen as deeply flawed and dangerous.

“If Pence had done what some demanded, it would have set a precedent where any Vice President could throw out results they didn’t like,” said Mary Beals, a researcher with the nonpartisan Electoral Integrity Project. “That’s not constitutional conservatism — that’s chaos.”


A Party Divided on Loyalty and Law

Still, many Trump supporters remain unforgiving. Rallies and right-wing media outlets continue to cast Pence as a weak link in what they see as a stolen election — despite no court ruling or audit substantiating that claim.

But a growing number of conservatives are stepping forward to say it’s time to move on — and recognize Pence’s actions for what they were: legal, restrained, and principled.

“Was he perfect? No,” said former RNC strategist Paul Garrett. “But he didn’t burn the Constitution to please a crowd. That has to count for something in the Republican Party.”


Conclusion: Honor or Betrayal? The Answer Depends on Perspective

As the 2024 election season settles into the history books, debates about loyalty, law, and leadership continue. For Mike Pence, the label of “traitor” may linger — but for many Americans, he’s something else entirely:

A man who chose country over chaos.


Sources:

  • U.S. Constitution, Article II and 12th Amendment
  • Electoral Count Act of 1887
  • Pence Letter to Congress, January 6, 2021
  • Federal Court Records, 2020–2021 Election Cases
  • Interviews with legal experts at UVA and Georgetown Law
  • C-SPAN, CNN, and National Review archives

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