OAN Roy Francis
12:13 PM PT – Tuesday, February 14, 2023
Former Vice President Mike Pence has planned to challenge a subpoena that was issued by the special counsel that is investigating former President Donald Trump.
Under the Constitution’s “Speech or Debate” clause, a member of the legislative branch should be shielded from Justice Department questioning. Pence intends to claim legislative privilege.
Since he had served as president of the Senate while serving as vice president, Pence intends to argue that he was a member of the legislative branch and should be shielded from Justice Department questioning.
The clause states that members shall “be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”
Special counsel Jack Smith has been appointed in November to oversee the Trump-related probes. Last week, he had issued a subpoena for Mike Pence’s testimony. Timothy Parlatore, a lawyer for Trump, had said that the former president will assert executive privilege over Pence’s testimony.
The subpoena was part of the Justice Department’s investigation alongside two other probes into the 2020 election. The other two included one from the House select committee, which disbanded at the end of 2022, and the district attorney in Fulton County, Georgia.
This comes days after another classified document was found at the former vice president’s residence in Indiana.
Pence is expected by many to run for presidency in 2024. However, he has still not announced his decision, the only candidate outside of Trump to do so is former South Carolina Governor Nikki Haley (R-S.C.) who announced her campaign Tuesday on her Twitter page.