Mike Pence's lawyers really managed to earn their fee with this one.
that “it is certainly the position of the Senate that the vice president is covered when he’s presiding over the Senate.”
We can’t pretend that Pence is making this play just because he loves esoteric constitutional questions. But there are other questions a court is going to have to answer: Does Pence’s immunity extend to conversations about the election and its aftermath more broadly? Would Pence have had to notify the president that this was the case? Is there any evidence that he did make that distinction at the time?
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