Former US Vice President Mike Pence is preparing to resist a grand jury subpoena for testimony about efforts to overturn then-President Donald Trump's 2020 reelection loss, a source familiar with his plans said on Tuesday, according to Reuters.
Pence was subpoenaed last week by Jack Smith, the special counsel who was appointed in November by Attorney General Merrick Garland to lead the Justice Department's Trump probes.
The source said on Tuesday that Pence will argue that his role as president of the Senate - making him a member of the legislative branch - shields him from certain Justice Department demands, rather than cite executive privilege as then-vice president.
An attorney for Pence did not respond to a request for comment on his decision to challenge Smith's request. Smith's office declined to comment.
Smith is investigating efforts to overturn the 2020 election that included the Jan. 6, 2021, attack on the US Capitol as Congress met to certify Joe Biden's victory.
The former Vice President had refused to testify before the House of Representatives panel probing the Jan. 6 riots, saying Congress "has no right to my testimony."