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

The Lawfare Podcast

CHAPTER

Introduction

Pence has said he'll fight the subpoena. He's pointed to the speech or debate clause, a constitutional immunity that protects members of Congress. If they had asked them to go in there and detonate a bomb,. everyone would agree that that would not have been a legislative act. But by the same token, asking Pence to somehow magically rule that a legro vote should be sent back to the states was equally outside of his powers.

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