While Pence aides say he’s taking this position to defend a separation of powers principle, it will allow him to avoid being seen as cooperating with a probe that is politically damaging to Trump, All about a loyalty that Race Bannon had to Doctor Quest. As Ari Melber emphasized on MSNBC, it is about using lawfare to delay prosecution for Trump. Pence’s unwillingness to testify before the House’s J6 Select Committee already shows a disrespect for the truth that will persist in the 2024 race.
“Mike Pence is preparing to resist a grand jury subpoena for testimony about former President Donald Trump’s push to overturn the 2020 election, according to two people familiar with the former VP’s thinking.” Politico reports.
Pence’s decision to challenge Special Counsel Jack Smith’s request has little to do with executive privilege, the people said. Rather, Pence is set to argue that his former role as president of the Senate — therefore a member of the legislative branch — shields him from certain Justice Department demands.
Pence allies say he is covered by the constitutional provision that protects congressional officials from legal proceedings related to their work — language known as the “speech or debate” clause. The clause, Pence allies say, legally binds federal prosecutors from compelling Pence to testify about the central components of Smith’s investigation. If Pence testifies, they say, it could jeopardize the separation of powers that the Constitution seeks to safeguard.
“He thinks that the ‘speech or debate’ clause is a core protection for Article I, for the legislature,” said one of the two people familiar with Pence’s thinking, who spoke on condition of anonymity to discuss his legal strategy. “He feels it really goes to the heart of some separation of powers issues. He feels duty-bound to maintain that protection, even if it means litigating it.”
Pence’s planned argument comes after an FBI search that followed his attorney’s voluntary report of classified material in his possession last month — drawing him into a thicket of document-handling drama that’s also ensnared Trump and President Joe Biden. While Pence aides say he’s taking this position to defend a separation of powers principle, it will allow him to avoid being seen as cooperating with a probe that is politically damaging to Trump, who remains the leading figure in the Republican Party.
www.politico.com/...
Federal prosecutors overseeing the investigation into former President Donald J. Trump’s handling of classified documents are seeking to pierce assertions of attorney-client privilege and compel one of his lawyers to answer more questions before a grand jury, according to two people familiar with the matter, adding an aggressive new dimension to the inquiry and underscoring the legal peril facing Mr. Trump.
The prosecutors have sought approval from a federal judge to invoke what is known as the crime-fraud exception, which allows them to work around attorney-client privilege when they have reason to believe that legal advice or legal services have been used in furthering a crime. The fact that prosecutors invoked the exception in a sealed motion to compel the testimony of the lawyer, M. Evan Corcoran, suggests that they believe Mr. Trump or his allies might have used Mr. Corcoran’s services in that way.
Among the questions that the Justice Department has been examining since last year is whether Mr. Trump or his associates obstructed justice in failing to comply with demands to return a trove of government material he took with him from the White House upon leaving office, including hundreds of documents with classified markings.
Last May, the Justice Department issued a subpoena for any classified documents still in Mr. Trump’s possession, after he had voluntarily turned over an initial batch of material to the National Archives that turned out to include almost 200 classified documents. In June, Mr. Corcoran met with investigators and handed over more than 30 documents in response to the subpoena.
Another lawyer for Mr. Trump, Christina Bobb, then signed a statement asserting that a “diligent search” had been conducted at Mar-a-Lago, Mr. Trump’s residence and private club in Palm Beach, Fla., and that there were no additional documents bearing classification markings. Ms. Bobb has told investigators and others that Mr. Corcoran drafted the statement, and that she added some caveats to it, seeking to make it sound less ironclad.
But when the F.B.I. searched Mar-a-Lago in August, agents found more than 100 additional classified documents. The affidavit submitted by the Justice Department to obtain the search warrant said that there was “probable cause to believe that evidence of obstruction” would be found in the search.
Mr. Corcoran recently appeared before a grand jury in Federal District Court in Washington and is believed to have asserted attorney-client privilege on behalf of Mr. Trump in refusing to answer certain questions related to his representation in the documents investigation, according to three people familiar with the matter.
www.nytimes.com/...