Pence will contest subpoena from DOJ special counsel regarding 'post-2020 election activities': report

14 February 2023

Former Vice President Mike Pence will contest a recent subpoena from Department of Justice (DOJ) special counsel Jack Smith regarding former President Donald Trump’s "post-2020 election activities," CNN reports.

The former governor of Indiana was subpoenaed by Smith last week on the basis of "Trump's unlawful retention and refusal to return hundreds of classified documents, and his efforts to overturn a free and fair election."

A source familiar with the matter told CNN the former governor of Indiana is "expected to address the subpoena and his response to it during a trip to Iowa" this week as he continues to mull a 2024 presidential run.

ABC News reports:

But Pence's lawyers aren't expected to challenge the subpoena on executive privilege grounds and will instead make a separation of powers argument, sources familiar with the legal strategy said.

The former Vice President is expected to contest the subpoena using Constitution’s Speech or Debate Clause, which "protects legislators from certain law enforcement actions if the conduct in question is related to their legislative duties," according to CNN.

CNN also noted Pence "is an important witness" as he has revealed interactions with Trump from the days following the 2020 election in his memoir, which is "a move that likely opens the door for the Justice Department to override at least some of Trump’s claims of executive privilege."

The subpoena was served to Pence as part of the nearly two-year long criminal investigation into Trump's attempt to overturn the 2020 election, which Smith took over last year.

It is unknown whether the outcome of Pence's fight against the subpoena will be made public, according to CNN.

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