Former Vice President Mike Pence is expected to resist a subpoena for testimony as part of a Justice Department special counsel’s investigation into former President Trump’s efforts to overturn the 2020 election, a source familiar with Pence’s plans confirmed to The Hill.
Pence is preparing to fight a subpoena from Jack Smith, the special counsel assigned by Attorney General Merrick Garland to oversee investigations into Trump, including one focused on the events of Jan. 6, 2021, and Trump’s efforts to remain in power.
Pence and his team say that serving as the former president of the Senate essentially makes him a member of the legislative branch and he would therefore be shielded from the subpoena under the “speech and debate” clause of the Constitution.
The former vice president’s resistance is likely to result in a legal battle that could end up at the Supreme Court and determine the extent of the powers and independence of the vice presidency.
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