The former vice president will argue that he is protected by the Constitution’s “speech or debate' clause in his role as president of the Senate.
Pence’s team is expected to argue that his role as president of the Senate during his time in office means that under the Constitution’s “speech or debate clause,” he does not have to testify, said the person familiar with the matter, who spoke on the condition of anonymity to reveal internal deliberations. Pence’s team had been in negotiations with Smith for potentially limited cooperation before being served last week with the subpoena, which Pence’s side is said to have viewed as a surprise.
Pence also did not testify before the House select committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol, even though he has written a book and publicly discussed his experiences related to that day. Many of his close advisers during his vice presidency, including his chief of staff and chief counsel, have relayed their experiences to the Justice Department.
Pence also is likely to let Trump’s legal team assert executive privilege in Smith’s probes of the 2020 election denial and Trump’s handling of classified documents before filing any motion himself, the person familiar with the matter said.
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