Doesn't matter. The country is governed far more by custom than by law - this was used to great effect by the Trump administration, who happily disregarded custom and dared people to punish them by law. Custom, however, was trending heavily against the Trump administration by January 6th, to where even lickspittles like Kevin McCarthy were begging Trump to call off his bullshit. Had Pence made a move, it would have pushed things from "a bunch of yahoos that we really should have taken more seriously" to coup d'etat with Pence being the guy visibly attempting to overthrow the government. All his "are you sure I can't do this?" to Dan Quayle (because of course Dick Cheney isn't about to return his calls) weren't an attempt to find legality. They were an assessment of his personal liability, and it was found to be boundless.