Mike Pence Files Motion To Block Subpoena Via Novel Legal Argument
Mary Lou Masters on March 7, 2023
Former Vice President Mike Pence has filed a motion to block Special Counsel Jack Smith’s request – via the “speech and debate” clause – for information regarding his investigation into the Jan. 6 Capitol riots, according to CNN.
Pence previously mentioned he would challenge the subpoena, saying the clause protects him on the grounds that he was president of the Senate during the time of the attacks, and cannot speak on what happened that day. The former vice president’s attorneys filed the motion Friday, the same day that former President Donald Trump’s lawyers requested that a judge block Pence from testifying, citing executive privilege, CNN reported.
The two motions are not related, as Pence is seeking to avoid testifying on behalf of his legislative duties on Jan. 6 and Trump argues that as former president, he can stop his executive officials from testifying, according to CNN.
The clause prevents members of the legislature from commenting on legal matters that relate to their role, which would be a “first time” argument, Roy Brownell, Republican Sen. Mitch McConnell’s former counsel, previously told Politico. Pence believes that getting involved with this legal matter would violate the separation of powers instilled in the Constitution.
Smith originally subpoenaed the former vice president for further information and documents regarding the conversations he had with Trump leading up to and on the day of the riot.
Pence’s former Chief of Staff, Marc Short, and attorney, Greg Jacob, has already appeared in front of the grand jury and provided testimony. Former Chief of Staff to President Trump Mark Meadows was also subpoenaed back in January, predating the request of Pence’s testimony.
Pence’s team did not immediately respond to the Daily Caller News Foundation’s request for comment.
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