Pence Vows to ‘Fight’ Subpoena in Special Counsel’s Jan. 6 Probe

Former Vice President Mike Pence speaks at a Republican Jewish Coalition Annual Leadership Meeting in Las Vegas, Nev., on Nov. 19, 2022. Wade Vandervort/AFP via Getty Images

Former Vice President Mike Pence said he intends to “fight” a subpoena issued by Special Counsel Jack Smith as part of the Justice Department’s (DOJ) probe of former President Donald Trump’s actions leading up to the Jan. 6 Capitol breach.

Speaking with reporters on Feb. 15, Pence called the attempt to compel his testimony “unprecedented and unconstitutional.”

“No vice president has ever been subject to a subpoena to testify about the president with whom they served,” Pence said after speaking at a Minnesota event promoting parental rights, per NBC News.

On Feb. 14, the Associated Press reported that Pence’s legal strategy would rely on protections under the Constitution’s Speech or Debate clause, which shields members of Congress from lawsuits or criminal prosecutions stemming from any legislative actions they take.

As the vice president is also the president of the Senate, Pence’s actions during the Jan. 6 Electoral College vote count would fall into that category.

At least, that is what his legal team intends to argue, Pence confirmed to reporters on Feb. 15.

“On Jan. 6, President Trump was wrong,” the former vice president said. “As I’ve said before, his words were reckless, and they endangered my family and everyone at the Capitol.”

Contending that he had “no right” to overturn the 2020 election results, Pence held that “it’s also wrong to establish a precedent where a legislative official can be called into court by the executive branch.”

“We’re prepared to take this fight into the court,” he added.

News of the subpoena follows the revelation last week that another classified document had been found at Pence’s Indiana residence as a result of an FBI search.

Last month, the former vice president made headlines when his lawyers announced that, like President Joe Biden and former President Donald Trump, he too had discovered classified documents in his possession.

Pence has been cooperative with law enforcement in that case, and as of yet, a special counsel has not been appointed in the matter.

However, in addition to the Jan. 6 probe, Smith is also serving as special counsel in the DOJ’s investigation of Trump’s handling of classified documents.

On Feb. 12, a lawyer for the former president revealed that additional classified documents were discovered at his properties in December and were “immediately” turned over to the appropriate authorities.

Trump has been highly critical of Smith, holding that the prosecutor’s appointment is more evidence that he is being politically targeted by the Justice Department.

“Radical Left [Trump hating!] special ‘prosecutor’ Jack Smith is leaking to the fake news media like a sieve,” Trump charged on Feb. 15 via Truth Social.

“He is going absolutely crazy trying to nab the political candidate who is way ahead of his ‘boss’ in the polls, and won the 2020 Presidential Election, except for the fact that it was rigged. He should be looking at election fraud, and who spied on my campaign!”