Trump's lawyers to appeal Pence's subpoena, cites executive privilege

February 12, 2023

Vice President Mike Pence, who like many former top Trump officials, was caught up in the Justice Department's multi-pronged investigation into the former president, is getting some powerful help. 

According to the Washington Examiner, Pence was subpoenaed by Special Counsel Jack Smith, who was appointed by Attorney General Merrick Garland to lead the DOJ's investigation into Trump and his activities on Jan. 6, 2021, and his classified documents situation.

Trump's lawyers are reportedly prepared to invoke executive privilege to appeal the subpoena.

The former president's lawyers have used the strategy before.

The details

"NBC News confirms: Attorneys for Donald Trump are expected to fight the special counsel's subpoena of Mike Pence on executive privilege grounds," MSNBC producer Kyle Griffin reported Sunday.

The subpoena for the former vice president makes Pence the most high-profile former official to be targeted in the probe.

The Examiner noted:

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.

Trump's attorneys didn't respond to the outlet for comment on the matter, nor did the Department of Justice.

Sticking up for Pence

The fallout between Trump and Pence following the 2020 election was intense, and Pence quickly became an unpopular figure within the massive MAGA conservative movement.

But past tensions seemed to have lessened significantly. Trump has praised his former veep on several occasions, even recently calling him a "very honorable man" following news of the former vice president being subpoenaed.

"Mike Pence is an honorable man," the former president told Fox News Digital.

Only time will tell if Trump's legal strategy will accomplish its objective. But the legal fight between the two camps is far from over.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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