A former judge and one-time informal adviser to Mike Pence is casting doubt on the former VP's novel legal strategy to avoid a subpoena.
J. Michael Luttig, a former judge on the U.S. 4th Circuit Court of Appeals, expressed skepticism on Twitter this week about Pence’s argument that he is protected by Congress’s “speech or debate clause.” Luttig said the role Pence played on Jan. 6, 2021, as he counted Electoral College votes was “an essentially ministerial role.
On the other hand, Pence has declined to go down that legal path. Instead, he has consistently argued that Congress and investigators had no right to his testimony based on separation of power grounds. “If a Vice President possesses such privileges and protections with respect to this Joint Session, they are few in number and limited in scope, reflecting the relatively — and comparatively — few circumstances in which there would be constitutionally legitimate need, reasons, and justification for such privileges and protections,” Luttig wrote.
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