Former Vice President Mike Pence plans to fight a subpoena by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the 2020 election results, according to people familiar with his thinking.
Pence and his attorneys are planning to cite constitutional grounds as they prepare to resist special counsel Jack Smith’s efforts to compel his testimony before a grand jury. They argue that because Pence was serving in his role as president of the Senate on Jan. 6, 2021 as he presided over a joint session of Congress to certify the election results, he is protected from being forced to address his actions under the Constitution’s “speech-or-debate” clause that shields members of Congress.
The decision to try to fight the subpoena, which was first reported by Politico, marks a change in posture from Pence, who has cooperated with the Justice Department as it investigates how documents with classified markings ended up at his Indiana home after the end of the Trump administration. He permitted the FBI to search the property last week.
Pence’s decision to resist the subpoena also came after extensive back-and-forth between his lawyers and the special counsel’s office, according to a person familiar with the discussions who spoke on condition of anonymity to discuss the closed-door negotiations.Pence is expected to address the issue in more detail during a visit to Iowa Wednesday as he inches closer to a likely presidential run.
“I don’t think the speech or debate clause would be a basis for quashing the subpoena altogether. It would be a basis for objecting to particular questions,” he said.
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