Pence and his attorneys are planning to cite constitutional grounds as they prepare to resist special counsel Jack Smith's efforts to compel his testimony before a grand jury.
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 that shields members of Congress.
"The vice president of the United State is the president of the Senate and the fact is the functions of Jan. 6 were specific to that role," he said of Pence, who has been laying the groundwork for a likely presidential campaign that would put him in direct competition against his former boss. Even if his objection is ultimately rebuffed from the courts, an antagonistic posture could allow Pence to argue that he tried to fight the Justice Department - a potentially useful position in a GOP primary, as many in the Republican base have grown distrustful of federal law enforcement, in part due to Trump's drumbeat of criticism. And it could delay the special counsel probe, which Smith is working to rapidly advance.
Pence's decision to resist the subpoena also came after extensive back-and-forth between his lawyers and the special counsel's office, according to a person familiar with the discussions who spoke on condition of anonymity to discuss the closed-door negotiations.Pence is expected to address the issue in more detail during a visit to Iowa Wednesday as he inches closer to a likely presidential run.
In any event, Pence's argument would likely serve to limit the scope of his testimony rather than to block it altogether, he said."I don't think the speech or debate clause would be a basis for quashing the subpoena altogether. It would be a basis for objecting to particular questions," he said.
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