The most damning evidence in Trump's January 6 indictment could be his own vice president's personal notes

• Donald Trump was indicted Tuesday over his efforts to overturn the 2020 election results.
• The indictment repeatedly cites "contemporaneous notes" taken by Mike Pence leading up to January 6.

While President Donald Trump worked to remain in office during the final months of his presidency, Vice President Mike Pence was taking notes.

That's according to an indictment filed Tuesday in which Trump was hit with four criminal charges: 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.

The indictment cites Pence's "contemporaneous notes" several times as it details conversations between Trump and his vice president after the 2020 election and before the January 6, 2021, Capitol riot.

For instance, the indictment cites Pence's notes when it says Trump falsely told him on December 29, 2020, that the Justice Department was "finding major infractions" related to the election. Days later, on January 1, Trump "berated" Pence, who told the president he thought there was no constitutional basis that would allow him to reject the certification of electoral college votes.

"You're too honest," Trump replied to Pence, according to the indictment.

One of the challenges of the case against Trump is proving that he knew he lost the 2020 election and still tried to overturn the result — rather than genuinely believing he won. Pence's notes could be used to show Trump knew he had lost.

Pence responded to the indictment on Tuesday with some of his harshest words yet for Trump, who is also his opponent in the 2024 Republican presidential primary.

"Today's indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States," Pence said in a statement, adding: "On January 6th, Former President Trump demanded that I choose between him and the Constitution. I chose the Constitution and I always will."