The subpoena to former Vice President Mike Pence is a milestone moment in a Justice Department special counsel investigation
is a milestone moment in an ongoing Justice Department special counsel investigation. But it doesn’t guarantee he’s going to be testifying before a grand jury anytime soon.
Spokespeople for Pence and Smith declined to comment on the subpoena, which a person familiar with the matter said followed back-and-forth negotiations between the two sides. A lawyer for the former vice president did not return emails seeking comment. Pence has been represented by veteran attorney, who over decades in Washington has navigated other high-profile political figures through executive privilege disputes.
Since then, Pence, who is considering launching a 2024 presidential bid against Trump, has distanced himself from the former president,that “President Trump is wrong” and that “I had no right to overturn the election.” If he does not wish to comply, he may look for Trump to intervene by invoking executive privilege, a doctrine meant to protect the confidentiality of the Oval Office decision-making process. Such an action could result in closed-door arguments before the D.C. court’s chief federal judge, Beryl Howell.
Trump has also been unsuccessful in asserting executive privilege in instances where the current Biden administration disagrees. For instance, the Biden White House repeatedly rejected Trump efforts to use executive privilege to prevent the National Archives and Records Administration from producing presidential records about Jan. 6 to the House committee.
“It’s a little uncomfortable that that evidence is being sought from his vice president. But the law has not generally differentiated among people in a White House,” Eggleston said.