Mike Pence to Fight , Special Counsel Subpoena.br Former Vice President Pence was recently subpoenaed to provide documents and testify as part of a DOJ special counsel investigation into the events of Jan. 6, 2021.br A source has confirmed to 'The Hill' that br Pence plans to fight the subpoena. .br He intends to assert that he does not have to comply since he was the former president of the Senate and therefore a member of the legislative branch.br Those circumstances would invoke the Constitution's "speech and debate" clause, protecting him from the subpoena. .br 'The Hill' reports that Pence's br noncompliance could culminate in a br legal battle in front of the Supreme Court.br In an interview with CBS News in November, Pence said Congress was not entitled to his testimony. .br We have a separation of powers br under the Constitution br of the United States, Mike Pence, former U.S. vice president, via CBS News.br And I believe it would establish br a terrible precedent for the Congress br to summon a vice president of the br United States to speak about deliberations that took place at the White House, Mike Pence, former U.S. vice president, via CBS News.