Special counsel asks judge to compel Mike Pence to testify in Jan. 6 probe

[BumRushDaShow]

Source: CBS News

Washington — Federal prosecutors have asked the chief judge in Washington, D.C.'s federal court to compel former Vice President Mike Pence to comply with a grand jury subpoena and testify as a witness in special counsel Jack Smith's investigation into the events surrounding the Jan. 6, 2021 attack on the Capitol, three people familiar with the investigation told CBS News.

The motion to compel Pence's testimony — filed in secret to Chief Judge Beryl Howell in recent days — came after lawyers for former President Donald Trump asserted executive privilege in response to Pence's subpoena, the people said.

That assertion of executive privilege on Pence's subpoena, the people added, is in line with how Trump's team has responded to related subpoenas over the past year, with Trump's attorneys often arguing that private conversations or interactions with a president should remain confidential. The latest filing also comes after Pence has signaled he would oppose a subpoena from Smith's office.

Pence and his lawyers have also been preparing to invoke the Constitution's Speech or Debate clause as a means of protecting him from the investigation. That clause protects members of Congress from being questioned about their legislative actions by other branches of the federal government.

Read more: https://www.cbsnews.com/news/jan-6-special-counsel-asks-judge-compel-mike-pence-testify/?ftag=CNM-00-10aab7e&linkId=202779098

[ProudMNDemocrat]

1. It was Mike Pence after all TDFG wanted to overturn the 2020 election for him....

On Jan.6th in order to unconstitutionally stay in power. "If Mike Pence does not do the right thing, I might not like him as much." TDFG said at a Georgia rally on Jan.4th before the runoff for the US Senate there.

Former VP Mike Pence has much information for Smith that has already been revealed somewhat in his published book. If he can put this in a book and cannot before a Special Counsel, says a lot about Mike Pence's still loyalty to a man who wanted him hanged, called him a COWARD in a Tweet on Jan.6th, and who refuses to stand up to him face to face.

I think SC Jack Smith has a good case to present to compel Mike Pence to honor the subpeona.

[EYESORE 9001]

2. Ol' fly-head wants it to appear that he's being dragged bodily into court

Hope he doesn’t perjure himself - not that I GAF about his own legal problems - but we deserve the truth. Hope he remembers how to speak it.

[Pobeka]

3. A possibility is Pence asked for the subpoena, to give himself political cover.

This apparently happens a lot, and usually counsels are willing to do so.

-- From the Jack podcast (Allison Gill and Andrew McCabe)

[IthinkThereforeIAM]

13. That is the first thing that comes to my mind...

... Pence wants the appearance of being dragged in kicking and screaming out of fear of TFG, MTG, Gaetz, etc...

[zuul]

4. Putz might as well testify.

He torpedoed any chance that he has at the presidency with his recent statements about Social Security. Give it up, Mikey, you're done.

[peppertree]

6. To say nothing of the fact most Repugs see him as THE reason that Cheeto's not president now

The ones who'll acknowledge he's not the president, anyway.

Hmm!

[Marthe48]

8. Nothin like hitchin' yer chariot to an ass

n/t

[peppertree]

9. Well said!

That "down home" gentleman could ask the people of East Palestine (70%+ GOP voters), how much Republicans and their donors care about them - from Gov. deWhine on down.

They wouldn't give them the (minimal) consideration they give livestock.

Livestock, after all, is an asset.

[republianmushroom]

5. if he does that will mean larger defense funds will be needed.

[multigraincracker]

7. His wife could get a job.

[TheRickles]

10. Will this ultimately go to the Supreme Court? If so, Pence would likely win, no?

[Fiendish Thingy]

17. SCOTUS has already ruled against privilege claims by TFG

No reason to think this would be any different.

[progressoid]

11. "We'll stand on that principle and we'll take that case as far as it needs to go, if it needs be...

"On the day of Jan. 6, I was acting as president of the Senate, presiding over a joint session described in the Constitution itself. So, I believe that that Speech and Debate clause of the Constitution actually prohibits the executive branch from compelling me to appear in a court, as the Constitution says, or in any other place," Pence — who is considering whether he will run for president in 2024 — told reporters in Iowa last week.

"We'll stand on that principle and we'll take that case as far as it needs to go, if it needs be to the Supreme Court of the United States," he added.

If it goes to the supreme court, he might win.

[lostinhere]

15. The Speech and Debate Clause states

Article I, Section 6, Clause 1:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. (emphasis added)

VP Pence is claiming that he was an 'acting Senator' when fulfilling the role of President of the Senate. However,

Article I, Section 3, Clause 4:

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Constitution never states that the VP is a Senator. The VP can't vote in the Senate unless there's a tie.

So, I believe that its a 50/50 shot in the Supreme Court. If you go by the written text and the original meaning, then the Speech and Debate Clause probably does not cover the VP.

[Fiendish Thingy]

19. Speech and Debate only protects conduct on the floor of congress

Not conversations in the Oval Office.

[Fiendish Thingy]

18. Hardly

SCOTUS ruled against Trump’s previous EP claims, and Lindsey Graham lost his case claiming protection under speech and debate and was forced to testify in the GA case.

[progressoid]

20. Hope so.

I've just lost my faith in the judicial system doing the right thing.

[bluestarone]

12. I always thought that covering up a possible CRIME was

NOT PROTECTED? That's the part i don't get. IF there is a possible crime committed, they should be required to testify?

[lostinhere]

16. The Speech & Debate Clause states that

Senators and Representatives cannot be questioned

and for any Speech or Debate in either House, they shall not be questioned in any other Place.

So, a Senator or Representative cannot be questioned about anything that occurs in either chamber or while they are traveling to or from the chamber. A blanket coverage. That's why a Senator or Representative can read a classified document from the chamber floor, or lie, or assault another member with a cane (pre-Civil War) and nothing happens.

The question the courts would need to answer, was VP Pence a Senator on January 6, 2021.

[BumRushDaShow]

21. The issue here though

is that there was plenty going on both before and after he was performing that role as "President of the Senate" that had nothing to do with his acting in that function in the the House chamber for the Electoral Count duties. I.e., he was on "President of the Senate" while engaged in that Electoral count function.

But when it came to say, any discussions with Department/Agency heads about invoking the 25th Amendment, he wasn't acting as a functionary of the Senate. He was the VP.

Lindsey Graham attempted (and failed) to somehow have that "Speech and Debate" clause make him immune to any type of investigation for any communications that he may have had outside of giving a "Morning Business" speech or remarks during a debate.

[Marcuse]

14. "No Executive privilege, No Legislative privilege. That leaves only Republican privilege."

🪰

[dembotoz]

22. ask him how he feels about his possible escape route being outed to tuck tuck

does he have nightmare about what would have happened to him if trumps boys had found him.....

delivered from evil by the grace of god and the capital police....