Former Vice President Mike Pence will resist special counsel Jack Smith’s grand jury subpoena.
After months of negotiations between federal prosecutors and Pence’s legal team, the subpoena requested documents and testimony related to then-President Donald Trump and his allies’ failed 2020 election overthrow.
Pence’s lawyers will argue separation of powers rather than executive privilege to challenge the subpoena.
Pence and his attorneys are planning to cite constitutional grounds as they prepare to resist the grand jury subpoena issued by special counsel Jack Smith.
They argue that because Pence was serving in his role as president of the Senate on Jan. 6, 2021 as he presided over a joint session of Congress to certify the election results, he is protected from being forced to address his actions under the Constitution’s “speech or debate” clause.
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