Justice Department calling for Mike Pence shows they're reaching the end of their investigation: former prosecutor

Former federal prosecutor Paul Butler thinks that the fact the Justice Department is calling for former Vice President Mike Pence to sit down with them is an indication they're wrapping up their probe into Donald Trump's role in the attempt to overthrow the 2020 election

"Even if Mike Pence is agreeable to testify, Donald Trump would certainly try to slow-walk this by claiming executive privilege," Butler explained. "That is not a credible claim in this case for a few reasons. First of all, it's [President Joe] Biden's privilege, not Trump's executive privilege. It belongs to the current occupant of the White House. There's also a crime-fraud exception. You can't claim the privilege to try to cover up a crime by you or by somebody else. And also, Pence talked extensively about his interactions with Donald Trump in his recent book and so he waived it. You can't say I don't want to talk to a grand jury about it but write about it in a book."

The House Select Committee investigating the Jan. 6 attack and the attempt to overthrow the election has also said publicly that Pence's account of the facts is not consistent with all of the other witnesses that have spoken out under oath.

He also explained that grand juries and DOJ investigations tend to take a long time.

"This is unprecedented, if there is a prosecution, it will be the first in history, of an American president, or former president, and you know, so far the grand jury has heard from top aides, Pence's top aides, I doubt he'll offer any new evidence. I do think what this signals is the investigation is drawing to a close, and possibly that the Justice Department and special counsel is thinking ahead to a possible prosecution."

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