Former Vice President Mike Pence has tried to dodge a subpoena around the special counsel's investigation of the Jan. 6 attacks on Congress and the attempt to overthrow the election.
He's claiming that as the president of the Senate, he was operating in his role as a legislator, thus he should be safe from testifying due to Article 1, Section 6 of the U.S. Constitution, the "speech and debate clause." It protects lawmakers who are working in the course of their jobs as an elected official. Legal analysts have said that it's a Hail Mary pass that isn't likely to work.
According to the Washington Post, Pence knows that he‘a going to be forced to speak to the grand jury whether he wants to or not.
"Pence’s advisers have privately accepted the possibility that the former vice president might have to testify against his former boss and likely political rival during an election season," the report said, citing a person familiar with the conversations.
Last weekend, Pence told ABC News that it is the only plea that he is using.
“We’re not asserting executive privilege, which may encompass other discussions, I believe, the president may well have brought a claim for that. But I just believe that the work that I did, preparing for and conducting my role as president of the Senate, is covered by the speech and debate clause," said Pence.
It puts Pence in a difficult position because if he intends to run for president, he'll need the support of Donald Trump's fans to get through a Republican primar.
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