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Former Vice President Mike Pence expected to fight special counsel subpoena in Trump probe

By John Santucci and Katherine Faulders, ABC News Feb 14, 2023 | 7:59 AM
Michael M. Santiago/Getty Images

(WASHINGTON) — Former Vice President Mike Pence is expected to fight special counsel Jack Smith’s grand jury subpoena, sources familiar with the matter told ABC News.

The subpoena requested documents and testimony related to the failed attempt by then-President Donald Trump and his allies to overturn the 2020 election and followed months of negotiations between federal prosecutors and Pence’s legal team. ABC News was first to report the subpoena to Pence last week.

But Pence’s lawyers aren’t expected to challenge the subpoena on executive privilege grounds and will instead make a separation of powers argument, sources familiar with the legal strategy said.

This is a developing story. Please check back for updates.

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