Mike Pence implies he won’t fight all parts of special counsel’s subpoena

Former Vice President Mike Pence has implied that he will not fight all aspects of the subpoena that special counsel Jack Smith issued against him last month.

Instead of invoking executive privilege, Pence confirmed that his legal team is relying on the speech and debate clause, which shields congressional officials from legal scrutiny for their work. Pence argues that in his capacity as Senate president, he was performing his duties by certifying the January 6, 2021 election.

MIKE PENCE TO CONTEST SPECIAL COUNSEL SUBPOENA USING NEW LEGAL ARGUMENT

“We’re not invoking executive privilege, which could cover other discussions,” Pence told Jonathan Karl of ABC’s This Week. “I just believe that the work I did to prepare for and carry out my duties as President of the Senate is protected by the speech and debate clause. I believe the law is on our side.”

Some, such as Vice President Kamala Harris, have criticized Pence’s argument, pointing out that Vice Presidents are part of the executive branch. The speech and debate clause provides broad protections for lawmakers against law enforcement inquiries concerning their actions related to legislative matters.

At least one of former President Donald Trump’s lawyers revealed that Trump would assert executive privilege to protect Pence’s testimony. Under executive privilege, presidents may withhold certain types of information or documents from the legislative and judicial branches.

Last month, Smith asked a judge to force Pence to testify before a grand jury concerning the January 6 Capitol riot. Smith was appointed last year to oversee investigations by the Justice Department into the January 6 riot, as well as the simultaneous efforts to disrupt the 2020 election and the classified documents debacle at Mar-a-Lago.

ABC reported that Smith’s subpoena to Pence included requests for information on issues such as efforts to appoint Jeffrey Clark as acting attorney general, details about Trump attorney John Eastman, and communications regarding attempts to overturn the 2020 election. Clark was notably receptive to Trump’s claims of election fraud and played a prominent role in the January 6 committee hearings.

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Pence is considering running for President and has polled extensively as third among GOP potentials in a hypothetical primary, trailing behind Trump and Gov. Ron DeSantis (R-FL). He previously declined to testify before the January 6 committee and has indicated he will appeal Smith’s subpoena to the Supreme Court.

“We will respect the court’s decisions, and that may take us all the way to the highest court in the land,” Pence said.