Attorneys for former President Donald Trump will appeal the subpoena issued to former Vice President Mike Pence by the special counsel investigating the 45th president on executive privilege grounds, according to multiple reports.
Sources close to Pence confirmed on Friday that the former vice president had been subpoenaed by special counsel Jack Smith, who Attorney General Merrick Garland appointed in November to lead the Justice Department’s probes into Trump’s response to his 2020 election loss, his role in the Jan. 6 Capitol riot, and his handling of classified documents. By Friday evening, CBS News had reported that Trump’s legal team was planning to fight the subpoena, which NBC News and the New York Times allege is related to Jan. 6 and election matters.
PENCE SUBPOENAED BY SPECIAL COUNSEL OVERSEEING TRUMP INVESTIGATIONS
Representatives for the former president did not immediately respond to the Washington Examiner’s request for comment on the reported legal strategy, which was also confirmed by NBC News on Saturday. The Justice Department did not immediately reply either.
It is not publicly known when Smith issued the subpoena for Pence’s testimony, though the New York Times reports that Pence’s team and DOJ officials in discussions about a voluntary interview had reached an impasse on the matter. This stalemate, which went on for months, led Smith to seek the subpoena. Pence was first contacted in November by the Justice Department.
If true, the move by Trump’s legal team would not be the first time the former president has used executive privilege, which can shield certain confidential communications within the executive branch, to stymie various investigations he has faced since taking office. While those efforts have largely been unsuccessful, they effectively slowed down numerous probes into his conduct. It is unclear if such a move can work in the Pence matter.
Pence is the highest-profile figure from the Trump administration to be subpoenaed in Smith’s probe, though he is far from the only top name that the special counsel is demanding testimony from. Smith has also subpoenaed Robert O’Brien, who served as Trump’s national security adviser until Biden took office, as part of his investigation. Facing questions about Trump’s involvement in the events on Jan. 6 and his handling of classified documents, O’Brien has invoked executive privilege to avoid providing answers, according to CNN.
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The deterioration of Trump and Pence’s relationship has been well documented, both in the latter’s memoir released late last year and through the work of the House Jan. 6 select committee. Despite their differences, Trump continues to speak highly of his ex-running mate, telling Fox News after Pence’s subpoena was publicized on Friday that the former vice president is a “very honorable man.”
Pence and his team, meanwhile, have yet to comment on the subpoena. While he did not cooperate with the House-led investigation into Trump’s efforts to overturn the 2020 election, the former vice president has previously signaled a willingness to comply with Justice Department probes.
