Northwest Arkansas Democrat-Gazette
Pence to fight Jan. 6 investigation subpoena
He’ll argue his Senate duties are shielded from legal scrutiny by Constitution
Mike Pence is planning to fight a federal grand jury subpoena compelling him to testify in the investigation into former President Donald Trump’s actions leading up to the Jan. 6, 2021, riot at the U.S. Capitol, according to a person familiar with the former vice president’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.
The “speech or debate” clause shields members of Congress from law enforcement scrutiny over their statements and actions related to their legislative responsibilities. It specifically states that lawmakers “shall not be questioned in any other place” about their legislative duties.
It is not clear whether or how the Justice Department might argue against Pence’s effort to invoke the clause in this case. 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 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. Violence broke out once they arrived, with some of the rioters chanting, “Hang Mike Pence!”
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 president of the Senate, bringing the “speech or debate” clause into play.
Pence is a potential rival to Trump for the 2024 Republican presidential nomination. So far, only Trump and Nikki Haley, the former South Carolina governor and U.N. ambassador under Trump, are declared major candidates.