(ConservativeHub.com) – Former VP Pence is getting ready to fight against the DOJ’s special counsel Jack Smith’s subpoena. Pence has been subpoenaed to hand over documents and provide his testimony in relation to the investigation into Trump’s attempts to overturn the 2020 presidential election results and his role in the January 6, 2021, Capitol attack.
This subpoena marked a decisive change in the investigation.
Pence had previously been reluctant to testify regarding the events of January 6. However, his opposition to the subpoena could lead to a lengthy legal battle that could help better define the powers and privileges of the vice president.
It could also delay Smith’s investigation into Trump’s efforts, The Hill reports. Pence’s arguments for why he should be allowed avoid testifying rely on his role on Jan. 6 as the presiding officer of the Senate. His legal team is reportedly going to argue that as the president of the Senate, the work he was completing on that day belonged to the legislative branch. As such, it should be protected under the “speech and debate” clause of the Constitution.
This clause protects those in the legislative chamber from being questioned about their decisions.
The Hill reports that Juliet Sorenson, a law professor at Northwestern University, said that if pence manages to successfully prove his point, then the understanding we have of the separation of powers could be altered. However, she argued that he is unlikely to be successful because the Constitution clearly states the branch of power that the vice President belongs to.
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