Reports: Pence Subpoenaed by Special Counsel

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Facts

• Former Vice President Mike Pence has reportedly been subpoenaed by Jack Smith, the special counsel overseeing a criminal investigation into former Pres. Trump’s attempts to overturn his loss in the 2020 presidential election. Smith is also overseeing the investigation into Trump’s handling of classified documents.¹
• As the two-years-long Department of Justice (DOJ) investigation continues, Smith’s office is seeking documents and testimony from Pence about his interactions with Trump before and during the day of the Jan 6. Capitol riots.²
• Pence, who still could cause a lengthy court battle by claiming that executive privilege precludes him from testifying, previously declined to testify as part of the recently concluded House committee investigation of the riots. He is the highest-level person the DOJ has subpoenaed so far.³
• Pence’s recently published memoir detailed many of his interactions with Trump. Of the Capitol riots, Pence wrote, the seat of democracy was “desecrated” by millions of supporters of the administration that day.⁴
• Trump cast Pence as a central figure in plans to ignore the results of the 2020 election. In a Jan. 6, 2021 speech, Trump said he hoped “Mike is going to do the right thing” and not certify the results.⁴
• In December 2022, Smith subpoenaed local officials, including ones in Wisconsin, Michigan, and Arizona, for official communications they had with Trump.⁵

Sources: ¹BBC News, ²CNN, ³Daily Mail, ⁴Wall Street Journal and ⁵USA Today.

Narratives

• Democratic narrative, as provided by MSNBC. Few people can bring the perspective about the Capitol riots that Pence can, considering he was both pressured by Trump to not certify the votes and hunted down by the rioters. The former VP has already shared his story and opinions in public appearances, so giving an honest account to law enforcement shouldn’t be an issue. He should ignore any executive privilege claims and do what’s best for America.
• Pro-Trump narrative, as provided by Breitbart. Pence should take his cue from Trump, who has pointed out that Smith is a politically-motivated prosecutor who is running an illegitimate investigation. Smith has botched prosecutions in the past — both domestically and overseas — and there’s no way anyone, let alone the former vice president, should tell Smith anything.