A former US vice-president giving evidence to prosecutors investigating the president he served under would be a sensation, more so if it actually came to a criminal trial.
On Wednesday the New York Times dropped a bombshell story that the US Department of Justice wanted to question Mike Pence about efforts by Donald Trump to remain in power after he lost the 2020 election.
US media subsequently reported that Pence was considering the approach.
Pence would be a key witness to events in the White House, particularly in the period after the election in November 2020 until January 6th 2021 when Trump supporters attacked the US Capitol in Washington in a bid to delay the official certification of Joe Biden as president.
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However, the Department of Justice’s interactions with Pence appear to be at an early stage and it is likely to take some time for all this to play out.
Pence would have to decide whether to agree voluntarily to undergo questioning or wait for any subpoena to force him to testify.
The former vice-president is considering a bid for the White House in 2024 and undoubtedly his advisers will be calculating how providing such testimony would feature in a contest to secure the Republican Party nomination for the presidency, in which Trump will also be a candidate.
‘There is a big difference between an inquiry by politicians and a federal criminal investigation being overseen by a special counsel appointed by the attorney general’
Ultimately a judge may have to issue an order to compel Pence to give evidence to a grand jury.
Precedent suggests Trump would be unlikely to sit quietly and watch Pence talk to prosecutors.
The former president has sought to prevent others who worked in the White House from testifying to the Department of Justice, arguing that conversations that took place there were covered by executive privilege.
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While these efforts have in general not been successful, they have slowed down the process.
Pence has refused to give evidence to the separate investigation into the January 6th attack being carried out by a committee of the US House of Representatives, citing the doctrine of the separation of powers between the different branches of the government.
However, there is a big difference between an inquiry by politicians and a federal criminal investigation being overseen by a special counsel appointed by the attorney general trying to avoid any hint of political partisanship.
It has also to be borne in mind that Pence has given details about the events that followed the election in his recent book and in several media interviews.
He has spoken about how he rejected the concept pushed by Trump and some of his lawyers that he had the power to reject Electoral College votes in favour of Biden from states where the then president was contesting the result.