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Former Vice President Mike Pence Says He May Not Be Protected From All Jan. 6 Subpoena Lawsuits

Former Vice President Mike Pence may not challenge all the subpoenas he faces as part of the investigation into his former boss’s efforts to overturn the 2020 election results, according to an interview Sunday.

Pence has claimed that he is protected by a “speech and debate” clause that protects congressional officials from giving testimony related to their jobs, arguing that on January 6, 2021, he was acting in his role as president of the Senate.

But it opened the door to the possibility that some aspects of the subpoena are not covered by the “speech and debate” argument.

“We’re not asserting executive privilege, which may encompass other discussions,” Pence said on ABC’s “This Week.”

“Actually, I have never claimed that other non-January 6 issues would be protected by ‘speeches and debates,’” he said.

After negotiations with Pence’s lawyers, special counsel Jack Smith issued the subpoena last month as part of the investigation into former President Donald Trump’s attempt to overturn the 2020 election results.

In this image released in the final report of the House select committee investigating the January 6 attack on the U.S. Capitol, Thursday, December 22, 2022, Vice President Mike Pence speaks on the phone from a loading dock. safe in the U.S. Capitol while looking at another phone with a recording of President Donald Trump's video statement on Jan. 6, 2021. (House Select Committee via AP)

According to ABC News sources, the subpoena seeks information unrelated to Pence’s role in certifying the election, such as communications tied to the January 6 rally before the attack on the US Capitol and efforts to install Jeffrey Clark as Acting Attorney General.

Clark was a Trump supporter who expressed a willingness to pursue baseless allegations of voter fraud.

But Pence, who is believed to be considering a White House run, insisted he is willing to fight the subpoena all the way to the Supreme Court.

“I have directed my lawyers to present a strong case in defense of my role as president of the Senate presiding over a joint session of Congress that day,” he said. “We will let the courts figure it out.”

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