Pence to Challenge Special Counsel Subpoena in Trump Probe (2)

Feb. 14, 2023, 4:56 PM UTC

Former Vice President Mike Pence is planning to press a novel challenge to a grand jury subpoena from the special counsel investigating Donald Trump and his allies, arguing the separation of powers shields him.

There’s a robust history of members of Congress successfully invoking that constitutional shield against criminal probes and civil lawsuits, but whether a former vice president can claim it is a largely untested question. At a minimum, any legal fight is likely to drag out whatever timeline the special counsel, Jack Smith, had hoped for in getting Pence before the grand jury.

John “Jack” Smith
Source: US Department of Justice

Pence will resist ...

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