Former Vice President Mike Pence is planning to fight a subpoena by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election
By JILL COLVIN and ERIC TUCKER
“I think he views it as essential protection of his Constitutional role,” said Marc Short, a close adviser to Pence who served as his White House chief of staff. Whether Pence’s arguments will succeed in limiting or altogether avoiding grand jury testimony is unclear, but the Justice Department is expected to oppose those efforts and to make the case that the former vice president’s cooperation is essential for a probe focused on Trump’s actions.
Pence has spoken extensively about Trump’s pressure campaign urging him to reject President Joe Biden’s victory in the days leading up to Jan. 6, including in his book, “So Help Me God.” Pence, as vice president, had a ceremonial role overseeing the counting of the Electoral College vote, but did not have the power to impact the results.
But he said that not everything a member does is protected by the speech-or-debate clause and it is debatable whether the vice president’s role in certifying the election, which involves a mix of constitutional and senatorial functions, would be protected. The subpoena has been an aggressive step from Smith as he continues to investigate efforts by Trump and his allies to remain in power, including the storming of the Capitol building on Jan. 6.
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