Reacting to a report that former vice president Mike Pence has been subpoenaed by special counsel Jack Smith and will have to face questions about Donald Trump’s actions on and before Jan 6th, a former prosecutor claimed the former VP will eventually have no choice but to come clean about what the former president asked him to do to subvert the 2020 election.
Appearing on MSNBC with host Cori Coffin, former Pentagon prosecutor Glenn Kirschner said there is no way that Pence will be able to claim executive privilege and would face contempt of court charges if he subsequently refuses to testify.
As Kirshner noted, the only person who could save Pence from having to talk by way of executive privilege is President Joe Biden and that is highly unlikely to happen.
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“What does that mean for the Department of Justice investigation for Trump?” host Coffin pressed.
Not surprisingly, I’ve had witnesses decline refused to testify before the grand jury for all sorts of reasons, often it was out of fear or out of loyalty to the target of the investigation — that person I intended to indict,” Kirshner explained. “Sometimes they would throw out bogus privileges, attorney-client, or others and they had to litigate those asserted privileges for the chief judge with the supervisory responsibility over the grand jury proceedings.”
“In this case, it would be Judge Beryl Howell in federal court in Washington, DC,” he elaborated. “Judge Howell, I’m quite confident would reject any asserted privileges and order Mike Pence to testify and you know what? As much as Mike Pence might not want to provide criminalizing information about Donald Trump, I don’t see him defying a court order, and being held in contempt.”
“I think he will play this out, as much as a system will allow him to play it out, and he will testify,” he concluded.
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