Former Vice President Mike Pence reportedly plans to fight a subpoena from special counsel Jack Smith by saying his role as Senate president shields him from having to testify about former President Donald Trump’s efforts to overturn the results of the 2020 presidential election.
Mr. Pence, who may be considering a 2024 presidential bid, is scheduled to talk about the subpoena and his strategy during a midweek trip to Iowa, according to Politico, which first reported on the plan.
A person familiar with Mr. Pence’s plans confirmed the strategy to The Washington Times.
Mr. Smith’s decision to subpoena Mr. Pence is one of the most high-profile moves to date in the investigation by Mr. Smith, who is also probing Mr. Trump’s alleged mishandling of classified documents.
Mr. Pence resisted Mr. Trump’s pressure to reject electoral votes for President Biden from several contested battleground states. The special counsel is trying to obtain documents and testimony related to the back and forth and may cite details in Mr. Pence’s recent memoir in trying to enforce the subpoena.
The vice president traditionally holds a ceremonial role in overseeing the counting of the electoral votes in Congress, which took place on Jan. 6, 2021, as a pro-Trump mob attacked the U.S. Capitol and interrupted the count.
Mr. Pence is expected to invoke the Speech and Debate clause of the Constitution, which can shield lawmakers from legal exposure if their activities were under the umbrella of legislative activity.
Sen. Lindsey Graham, South Carolina Republican, invoked it in response to a subpoena from Georgia prosecutors, but the courts ultimately compelled him to testify before a Fulton County grand jury.
• Dave Boyer contributed to this report.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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