Both Mike Pence and Joe Biden have an interest in stopping Donald Trump running for president.
No one thought it would come to this.
And Mike Pence just did one sinister thing to help Joe Biden throw Donald Trump in jail.
Mike Pence is right in the middle of multiple anti-Trump witch hunts.
Multiple searches of Pence’s Carmel, Indiana home turned up seven classified documents Pence took after leaving the Vice Presidency.
Now anti-Republican special counsel Jack Smith subpoenaed Pence for testimony in the sprawling witch hunt into Trump that Attorney General Merrick Garland launched.
ABC News exclusively reported:
Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing probes into former President Donald Trump, according to multiple sources familiar with the matter.
Sources told ABC News that the subpoena from special counsel Jack Smith requests documents and testimony related to the failed attempt by Trump and his allies to overturn the 2020 election, which culminated in the deadly Jan. 6 attack on the U.S. Capitol.
The subpoena follows months of negotiations between federal prosecutors and Pence’s legal team.
Pence sits at the nexus of the politically motivated investigations Smith is running.
But Pence could contest Smith’s subpoena on the grounds of executive privilege.
When the January 6 Committee subpoenaed Pence, the former Vice President rejected appearing citing separation of powers.
Would Smith’s subpoena hold up against Trump asserting executive privilege?
This is uncharted territory.
Pence may not want to testify because of the classified documents probe, but Smith could grant him immunity on that front.
That would leave Pence free to answer questions about Trump using Jon Eastman’s legal theory that Pence could reject certified Electoral College results.
Pence getting caught up with classified documents makes it more likely Smith compels his testimony via an immunity grant.
Garland and Smith clearly want to indict Trump, but as former federal prosecutor Andrew McCarthy wrote that Biden getting caught with classified documents took that criminal charge against Trump off the table.
And that is why Smith redoubled his efforts to compel Pence’s testimony about January 6.
McCarthy wrote that “while Trump’s indictment on the Mar-a-Lago classified documents appeared imminent just a few weeks ago, it now seems inconceivable that he could be charged when Biden will not be — and, equally salient, when Hillary Clinton got a pass. That does not change the political calculus that a Trump prosecution is the Democratic base’s most devout wish. Ergo, I’ve theorized in discussions with Rich Lowry on The McCarthy Report podcast that the Biden Justice Department, through its special counsel, would redouble the effort to make a January 6 case against Trump.”
In America the government does not charge individuals for following legal theories – no matter how far-fetched – because everyone is entitled to a legal defense and such charges would create a chilling effect that stacks the decks in the criminal justice system in favor of the government.
But in an era where Joe Biden weaponized the Department of Justice and FBI against conservatives this exactly what many Democrats want.
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