Pence and his team say that serving as the former president of the Senate essentially makes him a member of the legislative branch and he would therefore be shielded from the subpoena under the “speech and debate” clause of the Constitution.
Former Vice President Mike Pence is expected to resist a subpoena for testimony as part of a Justice Department special counsel’s investigation into former President Trump’s efforts to overturn the 2020 election, a source familiar with Pence’s plans confirmed to The Hill.
The former vice president’s resistance is likely to result in a legal battle that could end up at the Supreme Court and determine the extent of the powers and independence of the vice presidency.It was reported last week that Smith’s office had moved to subpoena Pence in one of its most aggressive moves to date as its inquiries into Trump accelerate. Smith’s office is also handling an investigation into Trump’s handling of classified documents.
Pence, as he detailed in his memoir, was part of numerous conversations where the president and his legal advisers pushed baseless claims about widespread fraud or floated novel and untested legal theories that could be used to keep Trump in the White House. While former Pence officials from the White House testified to the House panel investigating the Jan. 6 riots, the former vice president said Congress had “no right” to his testimony.
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