During an interview with NBC News’ Ali Vitali, former Vice President Mike Pence said that by spring his family and he would “have a very clear sense of [their] calling.” This was widely taken to be a hint that Pence is planning an announcement for his 2024 election bid.
During his interview Pence also took a shot at former President Trump saying that it was time “for different leadership” and that he is certain “better choices” than Trump will exist in the 2024 race. The former Indiana governor also reiterated that he would fight the Department of Justice subpoena that would require him to testify in the special counsel’s investigation of the Jan. 6, 2021 attack on the Capitol.
He further stated that in his view it would be “unconstitutional” for him to provide testimony against Trump considering he served in his administration. However, last week, a former federal judge questioned whether Pence’s reasons for going against the subpoena were substantial.
J. Michael Luttig in fact stated that any constitutional right Pence might hold in regards to not testifying is yielded before the criminal investigation process.
However, Pence and his team have argued that as on that day he was serving as the president of the Senate, then he was essentially protected by the same protection given to members of the legislative branch under the “speech and debate” clause of the Constitution and thus, he cannot be made to testify.