As Senate president, the former vice president plans to use the Constitution’s “speech or debate” clause to avoid grand jury questioning.
According to a source, former Vice President Mike Pence plans to reject a federal grand jury subpoena to testify in the inquiry of President Donald J. Trump’s conduct leading up to the Capitol riot on Jan. 6, 2021.
Mr. Pence is expected to argue that the “speech or debate” clause, meant to maintain the separation of powers, shields the vice president from legal scrutiny of his official duties as Senate president.
A vice president’s interactions with a president are usually covered by executive privilege, but this technique is unusual.
Politico reported Pence’s plans.
The “speaking or debate” clause protects Congress from law enforcement examination of its legislative acts and utterances.
Lawmakers “must not be questioned in any other place” about their legislative duties.
The Justice Department’s defense against Mr. Pence’s clause invocation is unclear.
The Justice Department and Mr. Pence’s spokesman declined comment.
Prosecutors subpoenaed the former vice president to testify about Mr. Trump’s efforts to preserve power after his 2020 election defeat and how they led to the Capitol assault by a pro-Trump mob.
Mr. Trump encouraged Mr. Pence to use his ceremonial status as Senate president to obstruct or delay Joseph R. Biden Jr.’s triumph.
Mr. Pence resisted, causing Mr. Trump to condemn him at a rally outside the White House before the certification and order his followers to march to the Capitol in protest.
Some rioters shouted, “Hang Mike Pence!”
Last week, Mr. Pence’s aides indicated they would defend the subpoena on constitutional and executive privilege grounds.
Mr. Pence’s rationale for why he would not testify before the House select committee investigating Jan. 6 would change if he used the vice president’s legislative position.
The committee never subpoenaed Pence.
He said a vice president testifying about White House conversations would establish a poor precedent.
Mr. Pence is expected to argue that the “speech or debate” clause applies to him as Senate president during the election certification process in the grand jury subpoena.
Jack Smith, the special counsel leading the Justice Department’s Trump investigations, has issued many subpoenas in recent weeks.
Mr. Smith, who is in charge of both the Jan. 6 probe and a second investigation into Mr. Trump’s handling of secret documents, has sped up both investigations to make findings before the 2024 presidential contest.
Pence may challenge Trump for the Republican nomination.
Mr. Trump and former South Carolina governor and U.N. ambassador Nikki Haley are the only major candidates.
A special counsel is investigating President Biden, who is expected to run again, for having a few confidential documents at his office and home.
Mr. Pence will discuss the subpoena in Iowa on Wednesday.
He is anticipated to declare that he was constitutional on Jan. 6 and that resisting the subpoena is vital to defend the separation of powers.
