Pence to fight subpoena in probe of Trump's 2020 election denial -source

Reuters

Published Feb 14, 2023 05:57AM ET

Updated Feb 14, 2023 04:51PM ET

By Sarah N. Lynch and Susan Heavey

(Reuters) -Republican former U.S. Vice President Mike Pence is preparing to resist a grand jury subpoena for testimony about efforts to overturn then-President Donald Trump's 2020 reelection loss, a source familiar with his plans said on Tuesday.

Pence will argue that his role as president of the Senate - making him a member of the legislative branch - shields him from certain Justice Department demands, rather than cite executive privilege as then-vice president, the source said.

An attorney for Pence did not respond to a request for comment on his decision to challenge Special Counsel Jack Smith's request, first reported by Politico. Smith's office declined to comment.

Smith, a political independent and former war crimes prosecutor, is investigating efforts to overturn the 2020 election that included Trump supporters' deadly Jan. 6, 2021, attack on the U.S. Capitol as Congress met to certify Democrat Joe Biden's victory.

Trump has repeatedly made false claims that he lost the 2020 election to Biden through massive voter fraud. He has also harshly criticized Pence for not blocking Congress' certification on Jan. 6 as Trump supporters stormed the Capitol, some chanting: "Hang Mike Pence."

Pence's chief of staff, Marc Short, and Greg Jacob, who was Pence's top legal counsel, along with other former top White House lawyers have previously appeared before the grand jury now being led by Smith.