5min chapter

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

The Lawfare Podcast

CHAPTER

Can Special Counsel Jack Smith Craft a Set of Questions That Steer Clear of Speech or Debate?

Eric Liu: One question I have is whether we could just avoid this issue altogether if special counsel Jack Smith can craft a set of questions that steers clear of the speech or debate issue. He says it would be hard for Smith to get a core of what he's looking for without overcoming this privilege. Liu: The litigation that we've seen involving Congress and the broad set of issues related to January 6 joined off the House. In the Senate legal counsel would not be getting involved unless there was bipartisan agreement basically in the Senate for them to do so.

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