Former US Vice President Mike Pence will reportedly resist a grand jury subpoena for testimony over the efforts to overturn the 2020 elections. The reported decision to defy the subpoena follows the testimonies by Pence’s own aides to the grand jury in the probe led by Special Counsel Jack Smith.
A source familiar with the matter told Politico that Pence is planning to resist a grand jury subpoena for his testimony over the efforts to overturn the 2020 elections. The former vice president will reportedly argue that his role as the Senate president, making him a member of the legislative branch, will shield him from certain demands of the Justice Department.
Smith, a former war crimes prosecutor, is leading a grand jury probe into the efforts to overturn the 2020 elections by former President Donald Trump that culminated in the January 6 insurrection at the Capitol as Congress was certifying President Joe Biden’s election victory. The former president has repeatedly spouted false claims of election fraud while also criticizing Pence for not blocking Congress’ certification of Biden’s victory.
Pence’s chief of staff Marc Short and legal counsel Greg Jacobs previously appeared to testify before the grand jury led by Smith. Former White House lawyers have also appeared before the grand jury at Smith’s request.
The dissolved House January 6 Committee also sought Pence’s testimony but ultimately recommended that federal prosecutors charge the former president with four crimes including insurrection.
Pence is also considering a 2024 presidential bid and has urged fellow Republicans to move on from their 2020 election loss.
The former vice president is also currently being searched for classified documents by the FBI. Friday last week, the FBI recovered one more classified document in Pence’s home in Indianapolis after documents were discovered in his home last month.
The search was confirmed by a Justice Department official, followed after Jacobs informed the National Archives in a letter on January 18 of the discovery of documents with classified markings. The records were since turned over to the FBI and Pence’s spokesman Devin O’Malley said the former vice president and his legal team are cooperating with the authorities.