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U.S. NEWS Wednesday 15 February 2023

Pence to fight special counsel subpoena on 2020 election

By JILL COLVIN and probe focused on Trump's as the technical presid-
ERIC TUCKER actions. ing officer of the Senate,
Associated Press The decision to try to fight making the officeholder in
WASHINGTON (AP) — For- the subpoena, which was some respects a member
mer Vice President Mike first reported by Politico, of the chamber.
Pence is planning to fight marks a change in posture But he said that not every-
a subpoena by the spe- from Pence, who has co- thing a member does is
cial counsel overseeing operated with the Justice protected by the speech-
investigations into efforts Department as it investi- or-debate clause and it
by former President Don- gates how documents with is debatable whether the
ald Trump and his allies to classified markings ended vice president's role in cer-
overturn the results of the up at his Indiana home af- tifying the election, which
2020 election, according ter the end of the Trump involves a mix of constitu-
to people familiar with his administration. He permit- tional and senatorial func-
thinking. ted the FBI to search the tions, would be protected.
Pence and his attorneys property last week. In any event, Pence's argu- Former Vice President Mike Pence speaks during an interview
are planning to cite con- Even if his objection is ulti- ment would likely serve to with The Associated Press, Nov. 16, 2022, in New York.
stitutional grounds as they mately rebuffed from the limit the scope of his testi- Associated Press
prepare to resist special courts, an antagonistic mony rather than to block
counsel Jack Smith's efforts posture could allow Pence it altogether, he said. said. Pence was presiding over
to compel his testimony to argue that he tried to "I don't think the speech or Trump supporters, driven the certification of Biden's
before a grand jury. They fight the Justice Depart- debate clause would be a by the lie that the elec- victory. The vice president
argue that because Pence ment — a potentially useful basis for quashing the sub- tion was stolen, brutally was steered to safety with
was serving in his role as position in a GOP primary, poena altogether. It would pushed past the police his staff and family as some
president of the Senate on as many in the Republican be a basis for objecting to and smashed through the in the mob chanted, "Hang
Jan. 6, 2021 as he presided base have grown distrust- particular questions," he windows and doors while Mike Pence!"q
over a joint session of Con- ful of federal law enforce-
gress to certify the election ment, in part due to Trump's
results, he is protected from drumbeat of criticism. And
being forced to address his it could delay the spe-
actions under the Constitu- cial counsel probe, which
tion's "speech-or-debate" Smith is working to rapidly
clause that shields mem- advance.
bers of Congress. Pence has spoken ex-
"I think he views it as essen- tensively about Trump's
tial protection of his Con- pressure campaign urg-
stitutional role," said Marc ing him to reject President
Short, a close adviser to Joe Biden's victory in the
Pence who served as his days leading up to Jan. 6,
White House chief of staff. including in his book, "So
Short compared Pence's Help Me God." Pence, as
position to the one he took vice president, had a cere-
on Jan. 6 when he refused monial role overseeing the
to go along with Trump's counting of the Electoral
unconstitutional scheme to College vote, but did not
try to overturn the results of have the power to impact
the 2020 election, as well the results.
as Pence's rejection of us- Pence's decision to resist
ing the 25th Amendment the subpoena also came
to remove Trump from of- after extensive back-and-
fice in the aftermath. forth between his lawyers
"The vice president of the and the special counsel's
United State is the presi- office, according to a per-
dent of the Senate and the son familiar with the discus-
fact is the functions of Jan. sions who spoke on condi-
6 were specific to that role," tion of anonymity to discuss
he said of Pence, who has the closed-door negotia-
been laying the ground- tions.
work for a likely presidential The Justice Department
campaign that would put declined to comment Tues-
him in direct competition day on Pence's plans.
against his former boss. Pence is expected to ad-
Whether Pence's argu- dress the issue in more de-
ments will succeed in limit- tail during a visit to Iowa
ing or altogether avoiding Wednesday as he inches
grand jury testimony is un- closer to a likely presiden-
clear, but the Justice De- tial run.
partment is expected to Richard Levy, a constitu-
oppose those efforts and tional law professor at the
to make the case that the University of Kansas, said it
former vice president's co- is true that the vice presi-
operation is essential for a dent is in a unique position