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Former VP Mike Pence says he may not be protected from all Jan. 6 subpoena demands

Former Vice President Mike Pence might not challenge all of the subpoenas he faces as part of the probe into the efforts by his former boss to overturn the results of the 2020 election, according to an interview Sunday.

Pence has claimed he is protected by a “speech and debate” clause that safeguards congressional officials from giving testimony related to their jobs, arguing that on Jan. 6, 2021 he was acting in his role as president of the Senate.

But he opened the door to the possibility that some aspects of the subpoena might not be covered by the “speech and debate” argument.

“We’re not asserting executive privilege, which may encompass other discussions,” Pence said on ABC “This Week.”

“I’ve actually never asserted that other matters unrelated to Jan. 6 would otherwise be protected by ‘speech and debate,’” he said.

After negotiations with Pence’s lawyers, special counsel Jack Smith issued the subpoena last month as part of the investigation into the attempt by former President Donald Trump to overturn the results of the 2020 election.

In this image released in the final report by the House select committee investigating the Jan. 6 attack on the U.S. Capitol, on Thursday, Dec. 22, 2022, Vice President Mike Pence talks on the phone from a secured loading dock at the U.S. Capitol as he looks at another phone with a recording of video statement President Donald Trump on Jan. 6, 2021. (House Select Committee via AP)

According to ABC News sources, the subpoena seeks information unrelated to Pence’s role in certifying the election, such as communications linked to the Jan. 6 rally prior to the attack on the U.S. Capitol and efforts to install Jeffrey Clark as acting attorney general.

Clark was a Trump supporter who expressed willingness to pursue unfounded allegations of voter fraud.

But Pence, who is believed to be weighing a White House bid, did insist he is willing to fight the subpoena all the way to the Supreme Court.

“I’ve directed my attorneys to make a strong case in defense of my role as president of the Senate presiding over a joint session of Congress on that day,” he said. “We’ll let the courts sort it out.”

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