Mike Pence will try to avoid testifying to Department of Justice investigators about Trump and Jan. 6. He will fail.
when invoking the clause to try to avoid testifying before Fulton County District Attorney Fani Willis’ grand jury about a phone call he made shortly after the November election to Georgia Secretary of State Brad Raffensperger. While one never knows with this radical Supreme Court majority, the same result should apply here.
For starters, Special Counsel Smith’s questions about what Trump said in the White House to Pence and others before and even during the Jan. 6 special session wouldn’t be seeking testimony about how anyone acted in a legislative capacity.
To be sure, no court has ever considered the application of the Speech & Debate Clause to the role performed by the vice president in his special function of presiding over the quadrennial joint session when the electoral ballots are opened.
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