Former Vice President Mike Pence indicated that he is not challenging all aspects of the subpoena issued last month by special counsel Jack Smith in his probe of the failed attempt by then-President Donald Trump and his allies to overturn the 2020 election.
When pressed by ABC “This Week” co-anchor Jonathan Karl in an interview, Pence stated that, “We’re not asserting executive privilege, which may encompass other discussions.”
The former vice president had previously invoked the speech and debate clause because in his role in Congress’ certification of the vote on Jan. 6, 2021, he was acting as president of the Senate and was a legislative branch member.
“I just believe that the work that I did preparing for and conducting on my role as President of the Senate is covered by the speech and debate clause. I believe we have the law on our side,” he told Karl. He has previously indicated that he would refrain from taking any action that could undermine the powers of the office of the vice president.
But according to Pence’s subpoena — which has been described to ABC News by sources familiar with the document — there are a number of items that do not relate to Pence’s duty certifying the election, including documents and communications relating to efforts to contest the 2020 election and relating to Trump’s Jan. 6 rally that led to the Capitol attack.
The subpoena also asks for any documents and communications Pence has related to efforts to install Jeffrey Clark as acting attorney general and to communication to Trump attorney John Eastman, who drafted a plan for Trump to hold on to power by falsely claiming that Pence, as vice president, had the power to reject legitimate electors during the certification on Jan. 6.
Pence has vowed to fight the subpoena all the way to the Supreme Court, if necessary, telling Karl, “We’re going to respect the decisions of the court, and that may take us all the way to the highest court in the land.”
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