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Pence to Challenge Subpoena With Novel Defense

Bloomberg Law

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The Speech and Debate Clause Protects Legislators From Law Enforcement Actions

There is this sort of non frivolous argument that because of the dual roles, he can argue that he was acting in that legislative capacity. It's unclear how it would play out here in a criminal context. You have to assume to some extent, you know, Jack Smith, the special counsel's team has played out the legal arguments and decided they have sufficient grounds to move forward if it's challenged on its basis.

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