Pence to Resist the Special Counsel Subpoena

Former VP Mike Pence is prepared to resist the Special Counsel Jack Smith’s grand jury subpoena for testimony by claiming “legislative privilege,” according to a report from Politico.

This is different from “executive privilege.” Pence is set to argue that his former role as president of the Senate — therefore a member of the legislative branch — shields him from DOJ demands.

Pence allies say the “speech or debate clause” prevents prosecutors from compelling testimony as a core protection for Article 1 for the legislature.

While Pence aides say he’s taking this position to defend a separation of powers principle, it will allow him to avoid being seen as cooperating with a probe that is politically damaging to Trump, who remains the leading figure in the Republican Party.

Constitutional scholars say Pence raising the issue will almost certainly force a court to weigh in. That could take months.


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