(TheRedWire.com) – J. Michael Luttig, a former federal judge took to Twitter to question former Vice President Mike Pence’s decision to oppose the subpoena sent by the Department of Justice regarding the investigation on the Jan. 6, 2021, attack on the Capitol. The subpoena would require Pence to testify before a grand jury for the case.
Luttig took to Twitter on Friday to argue that Pence should participate in the criminal investigation regardless of the constitutional right and protection he might have. He then proceeded to say that the extent to which the Constitution’s “speech and debate” clause applied to the former Vice President remains to be determined. He added that if the vice president is afforded “such privileges and protections” then those are few and “limited in scope.”
Last week, special counsel Jack Smith issued the subpoena to Pence which would require him to testify before a grand jury regarding the investigation into former President Trump’s role in the Capitol insurrection. However, Pence has vowed to fight the subpoena, which does not only include testimony but also requests for material to be handed in by Pence. Pence has argued that he should be afforded protection under the constitution because on that day he was acting in the vice president’s capacity as president of the Senate.
Article I of the Constitution specifies that members of Congress are protected from questions about “any speech or debate” they had given on the floor during a congressional session. Pence has argued that when the vice president serves as the president of the Senate, he is in fact a member of Congress and should thus be protected.
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