Former Vice President Mike Pence is expected to fight a subpoena by the special counsel investigating former President Trump's efforts to overturn the results of the 2020 election, a source familiar confirmed to Axios.
Driving the news: Pence's argument for fighting the special counsel subpoena will focus on his role as former president of the Senate, and thus a member of the legislative branch, protecting him from certain Justice Department requests, Politico reports.
- His argument will likely not center on executive privilege, per Politico.
The big picture: Pence was subpoenaed last week by special counsel Jack Smith following months of negotiations between the former vice president's legal team and federal prosecutors.
Editor's note: This story has been updated with additional background.
