Politico reports that Pence is planning to argue against the subpoena on the grounds that it would violate separation of powers.
"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," the publication writes. "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."
Pence is a key witness in Smith's investigation into former President Donald Trump's efforts to illegally remain in power despite losing the 2020 election to President Joe Biden.
Trump and attorney John Eastman launched a pressure campaign to get Pence to refuse to certify the results of the 2020 election and send the decision back to Republican-controlled state legislatures.
Pence refused, which led to Trump lashing out at him both privately and publicly, and which made the former vice president the target of chants calling for his hanging by Trump supporters who stormed the United States Capitol on January 6th, 2021.