Representatives for Pence have not said publicly whether he intends to comply with the subpoena or will instead look to try to limit his grand jury appearance or avoid it altogether
. Trump, for his part, has not said whether he plans to assert executive privilege to prevent Pence’s co-operation. But some legal experts say he faces significant hurdles in succeeding if he tried to do so.
Pence’s interest to investigators is obvious. Despite having only a ceremonial role in overseeing the election, Pence was hectored for weeks by Trump to help him stay in power, with the president falsely insisting that Pence could simply reject the results and send them back to the battleground states he contested.
Despite that criticism, Pence opted against testifying voluntarily before the House committee investigating the Jan. 6 insurrection and was never subpoenaed to appear. Whether he views co-operation with the grand jury differently is unclear, as is whether he and his lawyers will try to avoid being forced to discuss private conversations with Trump.
Even then, though, the prospects for success is uncertain at best, in part because the privilege is not absolute and courts have held it can be overcome if the evidence being sought is deemed necessary for a criminal trial or a grand jury proceeding. Other Trump administration officials have already testified before the grand jury, including former White House counsel Pat Cipollone and his top deputy as well as Pence’s own chief of staff, Marc Short.
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