The Mercury News Weekend

Pence gets subpoena from special counsel

- By Maggie Haberman and Glenn Thrush

Former Vice President Mike Pence has been subpoenaed by the special counsel investigat­ing former President Donald Trump's efforts to cling to office after he lost his bid for reelection, a person familiar with the matter said Thursday.

The move by the Justice Department sets up a likely clash over executive privilege, which Trump has previously used to try to slow, delay and block testimony from former administra­tion officials in various investigat­ions into his conduct.

The existence of the subpoena was reported earlier by ABC News.

It was not immediatel­y clear when the special counsel, Jack Smith, sought Pence's testimony. The move is among the most aggressive yet by Smith in his wide-ranging investigat­ion into Trump's role in seeking to overturn the outcome of the 2020 election. He is also overseeing a parallel inquiry into Trump's handling of classified documents.

The New York Times previously

reported that the Justice Department was seeking to question Pence in connection with the investigat­ion into Trump's efforts to remain in power after he lost the 2020 election and had reached out to his team.

Pence is potentiall­y a key witness because he is one of the people best positioned to provide informatio­n about Trump's state of mind at the time, even though his relationsh­ip with Trump reached the breaking point in the days leading up to the Jan. 6, 2021, riot at the Capitol, legal experts said.

Pence's team held discussion­s with the Justice Department about a voluntary interview, according to the person familiar with the matter, but those talks were at an impasse, leading Smith to seek the subpoena.

An aide to Pence declined to confirm the existence of the subpoena. A Justice Department official did not respond to a request for comment.

It is not clear whether investigat­ors will also seek to question Pence in the matter of Trump's handling of classified material.

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