Former Vice President Mike Pence’s claim to be immune from testifying to a grand jury investigating former President Donald Trump took another well-merited blow over the weekend.
Pence reportedly is citing the clause of the Constitution that says members of Congress “shall not be questioned” outside of Congress regarding legislative “speech or debate.
Meanwhile, Pence’s assertion suffered a comeuppance of a sort last weekend from one of his own favorite constitutional scholars. Conservative former federal Judge J. Michael Luttig was the very constitutional expert to whom Pence turned when ascertaining that he did not have the power to overturn electoral votes that Trump bizarrely claimed he did. Well, last Friday, Luttig issued a series of tweets that threw cold water on Pence’s novel legal gambit.
To argue against this, Pence would need to argue against himself. Pence’s most courageous act as vice president was insisting, against fierce pressure from Trump but nonetheless correctly, that he did not have independent power to adjudge the legitimacy of electoral votes. He did so specifically because, he said, his power was merely ministerial.
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