Former Vice President Mike Pence, who was subpoenaed last month by the special prosecutor overseeing investigations of former President Donald Trump related to the Jan. 6 riot at the Capitol, filed a motion Friday to block the subpoena, according to reports .
CNN reported that a source familiar with the filing alleged that Pence moved the motion on the grounds that the speech or debate clause of the U.S. Constitution protects him from giving testimony related to Jan. 6.
Former Vice President Mike Pence will deliver a speech at The Heritage Foundation entitled The Freedom Agenda and America’s Future, in Washington, DC, on Wednesday, October 19, 2022. ((Tom Williams/CQ-Roll Call, Inc via Getty Images))
The former VP has argued the subpoena was “unconstitutional and unprecedented,” and he told reporters at a rally in Cedar Rapids, Iowa, in February that his efforts to challenge the subpoena are evidence of the “double standard” by which the Republicans face.
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“I am going to fight the Biden DOJ subpoena to appear before the grand jury because I believe it is unconstitutional and unprecedented,” Pence told reporters at the time. “Never in American history has a vice president been summoned to appear in court to testify against the president he is working with.”
Pence representatives did not immediately respond to questions about the filing.
Former Vice President Mike Pence speaks at the National Press Club in Washington on November 30, 2021. (Drew Angerer/Getty Images)
Pence’s motion, which CNN said was filed as part of a sealed proceeding, aims to halt his testimony as it relates to his duties as a legislator at the time of the riot.
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Pence has stated that his fight is based on the principle of separation of powers and the Constitution, and that he “had no right” to overturn the results of the 2020 presidential election at a joint session of Congress on January 6, 2021 .
He argued that the speech or debate clause in the constitution prohibits him from being forced by the Biden administration to appear in court, adding that he will challenge the subpoena on that principle all the way to the Supreme Court if necessary.
The subpoena came after months of negotiations between the former VP’s legal team and federal prosecutors.
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Special Counsel Jack Smith, who filed the subpoena for Pence’s testimony, is examining both documents and testimony related to the Jan. 6 riot at the Capitol, as well as Trump’s possible mishandling of classified documents after leaving office.
Fox News’ Brandon Gillespie contributed to this report.
Greg Wehner is a breaking news reporter for Fox News Digital.