Pence says he will fight subpoena as far as Supreme Court
Former Vice President Mike Pence said Wednesday that he will challenge a subpoena by the special counsel overseeing Trump investigations to compel his testimony before a grand jury — pursuing it to the Supreme Court if necessary.
Special counsel Jack Smith, appointed by the Justice Department, is investigating efforts by former President Donald Trump and his allies to overturn the results of the 2020 election. Trump spent the days before Jan. 6, 2021, aggressively pressuring Pence to reject the outcome, even though Pence had no power to do so. Pence was at the U.S. Capitol presiding over a joint session of Congress as Trump's supporters violently stormed the building that day.
“Let me first be clear: I'm going to fight the Biden DOJ subpoena for me to appear before the grand jury because I believe it's unconstitutional and it's unprecedented,” Pence told reporters in Iowa, the state that will hold the first contest of the 2024 nominating sequence.
“Never before in American history has a vice president been summoned to appear in court to testify against the president with whom they serve,” he said.
Pence said he was prepared to take the case “as far as it needs to go, if needs be to the Supreme Court of the United States.”
The posture marks an aggressive turn for Pence, who has been laying the groundwork for a likely presidential run. While it remains unclear whether Pence will succeed in delaying or limiting the scope of his testimony, the posture gives the former vice president a new opening to attack the Justice Department, which has become increasingly unpopular among conservatives, in part due to Trump's constant attacks.
Indeed, Pence repeatedly criticized the department Wednesday, complaining of a “two-tiered justice system that Republicans have been dealing with throughout the Biden administration.”
A spokesman for Smith declined to comment. The Justice Department is expected to oppose the former vice president's efforts and make the case that his cooperation is essential.