It’s currently unclear whether Pence will comply with the subpoena request or try to invoke executive privilege.
Department of Justice (DOJ) special counsel Jack Smith, who is overseeing a two-pronged investigation into former President Donald Trump, has subpoenaed Trump’s former vice president, Mike Pence.
Smith’s investigation is looking into Trump’s removal of classified documents from the White House and his attempts to overturn the 2020 presidential election after his loss to President Joe Biden. His subpoena of Pence is focused on the latter of those two inquiries.
According to reports from several news outlets, Smith requested that Pence hand over any documents in his possession relating to the attempted overturn of the 2020 election. Smith also wants Pence to testify on Trump’s motivations during the end of 2020 and the start of 2021.
It’s unclear whether Pence will comply with the subpoena or try to invoke executive privilege, which could send the matter to a lengthy review process within the federal court system. Though Pence has been critical of Trump in the years since they departed office, he risks upsetting the conservative voter base he’ll need to win a potential GOP primary for 2024 if he complies with Smith’s subpoena.
Pence has been uncooperative with requests to testify in other inquiries relating to the January 6, 2021, attack on the U.S. Capitol building and Trump’s attempts to overturn the election. Though several former members of his staff testified before the January 6 committee, Pence refused to do so, arguing that the legislative branch had “no right” to his testimony.
The subpoena demonstrates that the DOJ’s