Attorneys for former President Donald Trump are expected to appeal Special Counsel Jack Smith’s subpoena of Mike Pence, claiming executive privilege, CBS News reports.
Smith was appointed Attorney General Merrick Garland in November to investigate Trump’s handling of classified documents as well as the former president’s role in the Capitol riot on Jan. 6, 2021.
Smith issued a subpoena to Pence on Thursday for documents and testimony about his interactions with Trump in the weeks leading up to the 2020 presidential election and the insurrection at the Capitol.
Pence has not said whether he will comply or fight the subpoena, but sources close to Trump’s legal team told CBS that the former president plans to contest it on executive privilege grounds.
Trump has repeatedly asserted executive privilege to block his allies from turning over documents and giving testimony related to the Capitol attack.
Last year he claimed executive privilege multiple times to block the House committee investigating the Jan. 6 Capitol riot from obtaining documents and testimony from key individuals during its investigation.
Then-Vice President Pence was under intense public and private pressure from Trump and his allies to refuse to certify the 2020 presidential for Joe Biden in Congress on Jan. 6.
Pence certified the election after the riot and Trump has been criticizing him for performing his constitutional duty ever since.
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