4min chapter

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Can the Speech or Debate Clause Shield Mike Pence from a Subpoena?

The Lawfare Podcast

CHAPTER

Can Executive Privilege Be Waited?

Executive privilege can be waived in its testimonial aspects when someone wants to testify before the court. Historically neither presidents nor vice presidents have been compelled by Congress to come and testify in any proceedings. There is a position of the executive branch at least as to former presidents that would apply to them as well.

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