You know it’s bad when the National Review takes a Republican to task. (via Deadline: Legal Blog)
claim, but Smith just got some unofficial assistance from an unlikely corner.that Pence’s reported legal ploy is “frivolous and should be rejected swiftly.”, the former vice president apparently wants to use the Constitution’s “speech or debate” clause to avoid complying with Smith’s subpoena. The clause states that members of Congress, “for any Speech or Debate in either House ... shall not be questioned in any other Place.” It does not, however, mention vice presidents.
Nonetheless, Pence reportedly wants to use his ceremonial Senate role presiding over the Jan. 6, 2021, certification of electoral votes to get out of testifying about Donald Trump in Smith’s probe. McCarthy picks up on the “plain text” point, among others, observing that even though another part of the Constitution makes the vice president the president of the Senate, “that does not make the vice president aWhile I should point out that there are open legal questions about the clause's application to vice presidents, it's notable that this criticism of Pence is coming from a conservative corner.
Luttig deemed McCarthy’s article “interesting,” without elaborating. It will certainly be interesting to see what judges who are still on the bench think.Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the Manhattan District Attorney’s Office and is the author of the forthcoming book “Bizarro” about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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