Mike Pence is preparing to resist a grand jury subpoena for testimony about former President Donald Trump’s push to overturn the 2020 election
about former President Donald Trump’s push to overturn the 2020 election, according to two people familiar with the former vice president’s thinking.
“He thinks that the ‘speech or debate’ clause is a core protection for Article I, for the legislature,” said one of the two people familiar with Pence’s thinking, who spoke on condition of anonymity to discuss his legal strategy. “He feels it really goes to the heart of some separation of powers issues. He feels duty-bound to maintain that protection, even if it means litigating it.
That’s because the legal question of whether the vice president draws the same “speech-or-debate” protections as members of Congress remains largely unsettled, and constitutional scholars say Pence raising the issue will almost certainly force a court to weigh in. That could take months. “I do think there’s a plausible [speech or debate] argument here,” echoed Josh Chafetz, a Georgetown University constitutional law professor. “And I’d be surprised if Pence doesn’t eventually make it. After all, a lot of the action here took place in terms of arguments about how he should rule from the chair.”
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