Pence plans to resist special counsel subpoena in Jan. 6 probe

Former Vice President Mike Pence plans to challenge a subpoena from the special counsel investigating former President Donald Trump’s role in the Jan. 6 riot, a source familiar with Pence’s plans told NBC News on Tuesday.

Pence’s legal team will fight the subpoena on the grounds that the former vice president was acting in his role as president of the Senate during the joint session of Congress on Jan. 6, arguing that he should be shielded from having to testify as part of the “speech or debate clause” that protects legislators from much outside scrutiny, the source said.

It is unclear how the clause prevents Pence from testifying about other conversations at or around the White House before the Capitol attack.

The former vice president might address the issue during a swing through Minnesota and Iowa on Wednesday, the source said.

Politico was first to report Pence’s plans.