Mike Pence, who served a dozen years as a member of Congress from Indiana, as well as four years as vice president under-you-know who, is entitled to the protections of the Constitution’s “speech or debate” clause, which says that senators and representatives “shall not be questioned in any other Place” for “any Speech or Debate in either House.”
A federal judge in Washington agrees with the arguments of Pence’s lawyers, that as ceremonial president of the Senate and presiding officer for the joint session during the counting of the Electoral College votes, Pence is exempt from having to answer grand jury questions related to certification of the vote on Jan. 6, as it was part of the VP’s formal duties.
However, the judge ruled that Pence cannot be entirely shielded from Special Counsel Jack Smith’s grand jury probing the Jan. 6 sacking of the Capitol, because the murderous attack by a frenzied Trump mob was clearly not part of “any Speech or Debate in either House.”
So, barring an appeal, Pence will have to appear before the secret proceeding and answer queries about how Trump tried to steal Joe Biden’s legitimate victory and pressured Pence to assist him. That Pence said no to Trump is what drove the invading barbarians to scream “Hang Mike Pence!” as they rampaged the seat of government, hunting down the VP.
Trump also had his lawyers object to having Pence testify, but those claims of executive privilege were dismissed, as were the same claims of executive privilege put forth to the same court by six Trump White House aides, including his chief of staff, Mark Meadows. Apparently, conspiring to commit crimes aren’t considered protected matters.
Pence should tell the grand jury what happened as Trump and the more crazy ones like Rudy Giuliani around the president plotted to overturn the valid result of the national balloting.
If the formerly loyal No. 2 is hesitant, he should recall that the gallows were built on the Capitol grounds and ready to go.
