In contrast, Pence has given us no justification for or explanation of why he seized constitutional authority that was not lawfully his. Article II of the Constitution provides that in the event of the president’s removal, resignation, death, or “inability to discharge the powers and duties” of the office, those powers devolve on the vice president. If Pence thought Trump was unable or unwilling to discharge the constitutional powers and duties of his office, that informs the constitutional analysis of his decision. The formal constitutional mechanism for suspending such a president is by way of the Twenty-Fifth Amendment. It provides that the vice president and a majority of the Cabinet may convey to Congress a written declaration of the president’s inability, allowing the vice president to assume those powers as acting president.

Given the circumstances, following the formal terms of the Twenty-Fifth Amendment was nearly impossible. With the Capitol under siege, Pence’s actions were probably justified. We can surmise that he sought to protect the lives of the people in Congress and to ensure that he remained at the Capitol to officially preside over the counting of electoral votes. But Pence himself should explain to America why he feared for those in Congress, why he would not leave with the Secret Service, and why the sitting president was unable to carry out his duties. The president, after all, was not incapacitated as far as we know.

Justifying Pence’s actions turns almost entirely on Trump’s state of mind both before and on January 6—something Pence is uniquely situated to speak to. We can guess much of what Pence would say. Still, his explanation will help us better understand the events that led to that day. And it will very likely require him to explain that he acted to thwart a sitting president’s unlawful attempt to stay in power.