Barbara McQuade speaks to Newsweek after Trump's former VP Mike Pence was subpoenaed as part of January 6 investigation.
Barbara McQuade, a University of Michigan law professor and a former U.S. attorney said that subpoenaing Pence to testify under oath is a key step for prosecutors, while also setting up yet another showdown with regard to executive privilege.
Above, Donald Trump and Mike Pence look on during the daily COVID-19 briefing in the Brady Briefing Room at the White House on April 2, 2020. Pence being subpoenaed as part of the January 6 investigation shows that the DOJ is"seriously considering" bringing charges against Trump, a legal analyst tells Newsweek.
Trump's lawyers have already indicated they will attempt to stop Pence from complying with the subpoena while—which keeps communications between the president and executive branch from becoming public. However, in order for a former president to assert executive privilege, the incumbent president would also have to allow it.
Biden has already declined to invoke executive privilege after a number of Trump allies, including former
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