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
WASHINGTON — Former Vice President Mike Pence is planning to fight a subpoena by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election, according to people familiar with his thinking.
Short compared Pence’s position to the one he took on Jan. 6 when he refused to go along with Trump’s unconstitutional scheme to try to overturn the results of the 2020 election, as well as Pence's rejection of using the 25th Amendment to remove Trump from office in the aftermath. The decision to try to fight the subpoena, which was first reported by Politico, marks a change in posture from Pence, who has cooperated with the Justice Department as it investigates how documents with classified markings ended up at his Indiana home after the end of the Trump administration. He permitted the FBI to search the property last week.
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. Trump supporters, driven by the lie that the election was stolen, brutally pushed past the police and smashed through the windows and doors while Pence was presiding over the certification of Biden’s victory. The vice president was steered to safety with his staff and family as some in the mob chanted, “Hang Mike Pence!”
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