On Thursday evening, ABC reported that Special Counsel Jack Smith had subpoenaed former Vice President Mike Pence to appear before the federal grand jury investigating January 6. The panel is considering possible criminal indictments of Donald Trump and his allies for their attempts to overturn the results of the 2020 election. Pence is the highest ranking member of the former administration to receive a subpoena, second only of course to the former president himself in the chain of command.
I particularly like your thought that Pence may have actually wanted (and maybe requested or demanded?) the subpoena as cover. Also, your reasoning about why he likely won't claim the 5th or exec privilege, pretend to forget, or simply lie under oath are all solid and in character for Pence. He may be a weenie but he respects and fears God and the law more than he does *trump or the mob.
In all seriousness, I think *trump's choice of Pence was truly inspired, maybe the smartest move he ever made. The fact that it was doomed to backfire was his own fault. By the same token, I think Biden's choice of Harris, while at first seeming inspired, may have been his worst decision so far. If he does run again (which I hope not due only to his age), I do hope that somehow Kamala gets bucked from the saddle.
Of course, the Evangelistas. Dr Fauci threatened Trump with his science and upstaged him at the same time. So Trump stomped on him by discrediting his work.
As always, your analysis is thoughtful and thorough. You addressed every argument I can think of that might make Pence reject serving as an honest witness. I hope you're right and that it happens soon! Please Mike, please testify for democracy!
Pence may assert executive privilege just so he can show Trump supporters that he is fighting the subpoena. But if he does so, isn’t it the case that he will likely lose given the D.C. circuit decision in the In Re Sealed Case which provided that:
“to overcome a claim of presidential privilege raised against a grand jury subpoena, it is necessary to specifically demonstrate why it is likely that evidence contained in presidential communications is important to the ongoing grand jury investigation and why this evidence is not available from another source.”
That seems like a standard the Special Counsel can easily meet.
There are many reasons and case precedents for why Pence would lose on an executive privilege claim. The point, I think, would not be to win, but rather to delay. We’ll see what he chooses to do.
Independent of actual facts, Republicans have stand-in rebuttals, prominently including the "political wichhunt" gem, amongst many other greatest hits; just pull the string emanating from their backs and some dollop of balderdash will come out....
Hopefully, much like plots in the latter part of action movies, all material condenses and is adjudicated post-haste.
I look forward to the day when trump is publicly peeled like a rotting orange. Perhaps this can be done in a way that "wakes" the souls of his deluded followers so that they see him for the criminal that he is and get off the juice.
Jay, you write beautifully. Many thanks.
That is very kind of you to say, thank you!
I particularly like your thought that Pence may have actually wanted (and maybe requested or demanded?) the subpoena as cover. Also, your reasoning about why he likely won't claim the 5th or exec privilege, pretend to forget, or simply lie under oath are all solid and in character for Pence. He may be a weenie but he respects and fears God and the law more than he does *trump or the mob.
Weenie is the best and most apt descriptor I have heard for Pence in some time!
That’s why Trump picked Pence. Trump’s insurance he would never be upstaged.
In all seriousness, I think *trump's choice of Pence was truly inspired, maybe the smartest move he ever made. The fact that it was doomed to backfire was his own fault. By the same token, I think Biden's choice of Harris, while at first seeming inspired, may have been his worst decision so far. If he does run again (which I hope not due only to his age), I do hope that somehow Kamala gets bucked from the saddle.
Pence was/is Karma for Trump.
I do think that Pence will play a major role, though maybe not wittingly or cooperatively, in bringing *trump down and maybe putting him away.
That’s how Pence will want it to look.
I was also disappointed in Biden’s choice. There were better choices. VP was not an ideal use of her many talents.
Agreed, though I'm not sure what her talents are.
And to satisfy the church goers
Of course, the Evangelistas. Dr Fauci threatened Trump with his science and upstaged him at the same time. So Trump stomped on him by discrediting his work.
Thanks, Jay. I humbly agree.
As always, your analysis is thoughtful and thorough. You addressed every argument I can think of that might make Pence reject serving as an honest witness. I hope you're right and that it happens soon! Please Mike, please testify for democracy!
Pence may assert executive privilege just so he can show Trump supporters that he is fighting the subpoena. But if he does so, isn’t it the case that he will likely lose given the D.C. circuit decision in the In Re Sealed Case which provided that:
“to overcome a claim of presidential privilege raised against a grand jury subpoena, it is necessary to specifically demonstrate why it is likely that evidence contained in presidential communications is important to the ongoing grand jury investigation and why this evidence is not available from another source.”
That seems like a standard the Special Counsel can easily meet.
There are many reasons and case precedents for why Pence would lose on an executive privilege claim. The point, I think, would not be to win, but rather to delay. We’ll see what he chooses to do.
It is interesting to me that I can share this on facebook... it's been an hour and it's still up.
Mike Pence: "What book? I don't remember writing any book."
So help him God.
Thanks as always. Chronic worrier, I still fret about the likely stall tactics of both ex-guys.
Thank you for this! You are wonderful!
Crimey ... grimey ... slimey ...
Sooo perfect, Jay. Thanks for the rueful smile today!
I think the actual term is crimey-wimey. See also Dr Who
Yes ... love it!
Excellent explainer!
Independent of actual facts, Republicans have stand-in rebuttals, prominently including the "political wichhunt" gem, amongst many other greatest hits; just pull the string emanating from their backs and some dollop of balderdash will come out....
Hopefully, much like plots in the latter part of action movies, all material condenses and is adjudicated post-haste.
End scene.
This is great analysis and makes complete sense.
I look forward to the day when trump is publicly peeled like a rotting orange. Perhaps this can be done in a way that "wakes" the souls of his deluded followers so that they see him for the criminal that he is and get off the juice.
You are the best thing I read all day. It is the balance of legal explanations and your voice that makes your column so wonderful.
Jay: Thank you for the remarkable insight into this development.
"Crimey". I love it. Thanks for my new favorite word!!!