Reports: Trump Appeals Order That Requires Pence To Testify In DOJ Jan 6 Probe

Donald Trump is appealing a federal judge’s ruling that would require former Vice President Mike Pence to testify in special counsel Jack Smith’s investigation into efforts to overturn the 2020 election, according to multiple reports.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1454557

But of course…

:smirk:

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The 2015 escalator ride started this…

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If you have nothing to hide, you have nothing to fear, Donnie… Ammirite?

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It would be delicious if the Trump appeal resulted in Pence losing the Speech and Debate argument and having to testify about everything.

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trump musta paid his lawyers

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Yum

At some point the DoJ has gotta… well you know.

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In a separate ruling on the same case, Judge Boasberg agreed with Pence and his lawyers’ argument that the Constitution’s Speech or Debate clause gives the former vice president some limited protections during his testimony. In his ruling, the judge agreed that Pence can decline to answer questions related to his legislative actions on Jan. 6 — as he was acting as the president of the Senate while he presided over the certification of the election results.

Ok, going to call this out because its wrong.

Here is the section of the Constitution on the Speech or Debate clause:

You’ll notice that the Constitution is clear that it applies to ‘Senators and Representatives’, not anyone who happens to be in either chamber at the time. VP Pence was not a Senator or Representative on Jan 6th. Being the ‘president of the Senate’ does not make a person a Senator.

Smith should challenge any question that Pence refuses to answer under the ‘Speech or Debate’ clause because it 100% doesn’t apply to him.

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We have an originalist amongst us… … :sunglasses:

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Once again, the Orange Asshole (and draft dodger) has filed a legal action that you can bet will fail. It’s sad to think of all the little donors to his grifting, sending money for cases Trump can’t win. Of course, Trump gets what he really wants…publicity and time to cause delay, at no cost to himself!

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Also, “They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged … they shall not be questioned in any other Place.”

It was obviously prima facie breach of the peace, and nowhere does it say that they have to CAUSE said breach.

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OK, they’re joined at the hip and deserve each other, but how does Trump have standing to appeal an order unrelated to his case?

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With all due respect to pigs, specifically good pigs, Donnie is a pig, a bad pig, a horrid, bad sow!

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He doesn’t. It’s been ruled over and over - that in order to assert executive privileged - one must be, ummmmm, the executive.

And Trump ain’t (sh)it.

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That won’t happen. Trump is not asserting Speech or Debate immunity. It’s not his to assert.

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There is a lot of things in the Constitution up for interpretation, but who the ‘Speech or Debate’ clause applies to isn’t one of them. It’s 100% clear you got to be a Senator or a Representative for it to apply.

And to use it as an excuse to not answer questions in a criminal inquiry is to make a mockery of what the ‘Speech or Debate’ clause is suppose to protect.

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I agree

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Umm … you skimmed past Article I, Section 3:

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

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