Former Vice President Mike Pence has said that he would fight the Department of Justice’s special counsel’s subpoena. The subpoena would require Pence to testify in the investigation as well as handover documents that relate to former President Donald Trump’s attempts to overturn the 2020 election.
Attorney General Merrick Garland appointed special Jack Smith to handle the two investigations relating to Donald Trump. The first one relates to Trump’s attempts to overturn the results of the election and specifically his role in the events of Jan. 6, 2021, while the second one relates to the classified documents found in Trump’s possession.
Pence has been called to testify in the first case. However, both he and his team have stated that since he was a member of the legislative branch he was shielded from the subpoena because of the “speech and debate” clause of the Constitution. If the former vice president resists there is likely going to be a legal battle at the Supreme Court in which the extent of the powers and independence of the vice president are going to be examined.
Politico was the first to note Pence’s plans to fight against the subpoena. The move by Smith’s office to subpoena people relevant to the case and specifically Pence has been one of the most aggressive moves relating to the case to date. Pence’s testimony could fundamentally change the outcome of the investigation into Trump’s attempts to overturn the presidential election in 2020.
