The US Department of Justice hopes to question former Vice President Mike Pence. The DOJ believes Pence would serve as an appropriate witness in connection with the DOJ’s ongoing criminal investigation into former President Donald Trump’s activities relating to the January 6th capitol riots.
According to Maggie Haberman and Michael S. Schmidt of the New York Times, Pence is open to the idea of participating in the DOJ’s investigation.
If Pence is indeed willing to participate in the DOJ’s investigation, it would signify that the former Vice President draws a distinction between the DOJ investigation and the House’s January 6th committee, who Pence has refused to cooperate with.
Mike Pence and January 6th
Pence does have insights into White House happenings on January 6th. Pence was present while Trump and his inner circle deliberated how to proceed, and whether to block the congressional certification of Joe Biden’s 2020 election victory.
Were Pence to agree to cooperate, it would be the “latest remarkable twist in an investigation that is already fraught with legal and political consequences,” the New York Times reported.
Pence testimony could, of course, influence the upcoming 2024 presidential election, in which Trump has announced his candidacy – and in which many believe Pence will run, too.
Discussions between the DOJ and Pence regarding Pence’s testimony appear to be in early stages. It will be months before the situation is resolved.
To date, Pence has not been subpoenaed. The process could be hindered significantly if Trump attempts to block Pence’s testimony, or if Trump asserts executive privilege.
Could Trump Block It?
Apparently, Trump has already tried to use executive privilege to block or slow the testimony from two of Pence’s top aides, Pence chief of staff Marc Short, and Pence’s general counsel Greg Jacob. But both men testified after the DOJ pushed back against Trump’s efforts to apply executive privilege.
Pence for his part has pushed back against Trump’s behavior on January 6th – to the extent that has caused Trump to turn on Pence, ruining the two men’s relationship, which seemed intact, at least outwardly, for Trump’s entire four-year term. Pence has been “publicly critical” of Trump’s January 6th conduct. Pence, of course, was the subject of some of the January 6th protesters ire, some of whom were chanting “Hang Mike Pence.”
While Pence has not spoken with the House’s January 6th committee, he did formerly indicate that he was open to doing so. “If there was an invitation to participate, I’d consider it,” Pence said – although he added that he was concerned that the committee was infringing upon the separation of powers doctrine. “But as I said, I don’t want to prejudge. If ever any formal invitation” came, Pence said, “we’d give it due consideration.”
Pence Won’t Testify to the January 6th Committee
But Pence seems to have hardened his views regarding the House’s January 6th committee. “Congress has no right to my testimony,” he said during an interview for his new memoir “So Help Me God.” Pence added that “there’s profound separation-of-powers issues…and it would be a terrible precedent.”
Increasingly, high-ranking Trump officials have been subpoenaed to speak with the DOJ’s ongoing investigation. The subpoenas are seeking information on a wide range of topics, including an alleged plot to “create fake slates of pro-Trump electors in key swing states that were won by Mr. Biden” and “attempts to paint the election as having been marred by fraud and the inner workings of Mr. Trump’s main post-election fund-raising vehicle, the Save America PAC.”
Governor Mike Pence of Indiana speaking to supporters at an immigration policy speech hosted by Donald Trump at the Phoenix Convention Center in Phoenix, Arizona.
Stay tuned as this story unfolds. And stay tuned to see whether Pence declares his candidacy for the 2024 race, in which case the feud between Trump and Pence will fully ignite.
Harrison Kass is the Senior Editor at 19FortyFive. An attorney, pilot, guitarist, and minor pro hockey player, he joined the US Air Force as a Pilot Trainee but was medically discharged. Harrison holds a BA from Lake Forest College, a JD from the University of Oregon, and an MA from New York University. He lives in Oregon and listens to Dokken.
