Former Vice President Mike Pence says his subpoena by the Justice Department to testify before a grand jury investigating the January 6, 2021, Capitol riot is “unconstitutional.”
Joining Newsmax’s “The Record with Greta Van Susteren” on Tuesday, Pence revealed that he believes the department’s “unprecedented” move could violate Article I, Section 6 of the U.S. Constitution.
“I also thought it was unconstitutional, believing that the constitution’s speech and debate protections applied to me when I was serving as president of the Senate on Jan. 6,” Pence explained.
The provisions Pence cited include the assurance that Congress members can exert privilege from compelled testimony on protected acts, which he says included his role as Senate president during the riot.
Pence said that the court accepted his legal team’s argument and “recognized that the Constitution’s provision about speech and debate does apply to the vice president.”
However, “the way they sorted that out and the requirements of my testimony going forward are a subject of our review right now, and I’ll have more to say about that in the days ahead.”
The former vice president did not disclose whether his team would appeal the decision.
“Let me be clear: I have nothing to hide. I have the Constitution to uphold. I upheld the Constitution on Jan. 6. I believe we did our duty that day under the Constitution of the United States,” Pence reassured. “And in this matter, I thought it was important that we stand on that Constitutional principle again.”
His comments follow Chief Judge James Boasberg of the U.S. District Court in Washington, D.C., ruling that Pence must testify before the committee, CNN reported Tuesday.
It’s a major win for DOJ special counsel John L. Smith, who was nominated by Attorney General Merrick Garland last year to lead the department’s investigation into former President Trump’s actions on and surrounding Jan. 6.
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