Pence to oppose Jan. 6 inquiry subpoena
Former Vice President Mike Pence is planning to fight a federal grand jury subpoena compelling him to testify in the investigation into President Donald Trump’s actions leading up to the riot at the Capitol on Jan. 6, 2021, according to a person familiar with Pence’s plans.
Pence is expected to argue that the vice president’s role as the president of the Senate means that he is protected from legal scrutiny of his official duties by the Constitution’s “speech or debate” clause, intended to protect the separation of powers.
Such an approach would be novel and a departure from the more traditional argument that a vice president’s interactions with a president would be subject to executive privilege.
Pence’s plans were first reported by Politico.
The “speech or debate” clause shields members of Congress from law enforcement scrutiny over their statements and actions related to their legislative responsibilities.
It is not clear whether or how the Justice Department might argue against Pence’s effort to invoke the clause.
A spokesperson for Pence declined to comment, as did the Justice Department.
The former vice president was recently subpoenaed by prosecutors seeking his testimony in the investigation into Trump’s efforts to retain power after his 2020 election loss and how they led to the assault on the Capitol by a pro-trump mob. Trump repeatedly pressured Pence to use his ceremonial role, as president of the Senate, overseeing the congressional certification of the Electoral College results on Jan. 6, 2021, to block or delay Joe Biden’s victory.
Pence resisted, prompting Trump to denounce him at a rally near the White House before the certification began and telling his supporters to march to the Capitol in protest.
Pence’s aides had signaled when news of the subpoena became public last week that they were likely to fight it on constitutional grounds as well as possible issues related to executive privilege.
In the case of the grand jury subpoena, Pence is expected to argue that he was serving during the election certification process as a member of the legislative branch through his role as Senate president of the Senate, bringing the “speech or debate” clause into play.