Feb 14, 2023 - Politics & Policy

Pence expected to fight subpoena by special counsel investigating Trump

 Mike Pence on stage at the 2022 New York Times DealBook on November 30, 2022 in New York City.

Mike Pence on stage at the 2022 New York Times DealBook on November 30, 2022 in New York City. Photo: Thos Robinson/Getty Images for The New York Times

Former Vice President Mike Pence is expected to fight a subpoena by the special counsel investigating former President Trump's efforts to overturn the results of the 2020 election, a source familiar confirmed to Axios.

Driving the news: Pence's argument for fighting the special counsel subpoena will focus on his role as former president of the Senate, and thus a member of the legislative branch, protecting him from certain Justice Department requests, Politico reports.

  • His argument will likely not center on executive privilege, per Politico.

The big picture: Pence was subpoenaed last week by special counsel Jack Smith following months of negotiations between the former vice president's legal team and federal prosecutors.

Editor's note: This story has been updated with additional background.

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