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Pence Vows to Challenge Special Counsel Subpoena in Trump Probe
Posted
February 17, 2023
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1:43Now PlayingFormer Vice President Mike Pence is planning to press a novel challenge to a grand jury subpoena from the special counsel investigating Donald Trump and his allies, arguing the separation of powers shields him.
There’s a robust history of members of Congress successfully invoking that constitutional shield against criminal probes and civil lawsuits, but whether a former vice president can claim it is a largely untested question. At a minimum, any legal fight is likely to drag out whatever timeline the special counsel, Jack Smith, had hoped for in getting Pence before the grand jury.
Pence will resist the subpoena using the argument he was acting as president of the Senate during the Jan. 6, 2021, insurrection, when a mob of Trump supporters tried to stop the counting of Electoral College votes at the US Capitol, according to a person familiar with his plan.
“This would surely prompt a court challenge,” said Melissa Murray, a professor at New York University School of Law. The section of the Constitution at issue, known as the Speech or Debate Clause, has been litigated only with respect to members of Congress. Whether the vice president is afforded those same protections is “a pretty murky area,” said Murray.
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