Former Vice President Mike Pence is taking steps to fight a federal grand jury subpoena that seeks his testimony on the Capitol assault of Jan. 6, 2021.

Mr. Pence, who has called the subpoena from special counsel Jack Smith “unconstitutional and unprecedented,” is arguing his interactions are protected by the speech and debate clause of the Constitution because he was engaged in legislative activity as president of the Senate when the attack occurred.

CNN first reported on the formal motion to quash the subpoena, citing people familiar with the document. It was filed under seal Friday.
Mr. Pence defied former President Donald Trump and went to the Capitol to certify President Biden’s win in the Electoral College, sparking a protest from a pro-Trump mob.

Mr. Smith is seeking testimony related to Mr. Pence’s experience and interactions with Mr. Trump and others.

Mr. Pence wrote a memoir that discusses his actions on Jan. 6 and some of his discussions with the ex-president, which may complicate his legal argument.

Sen. Lindsey Graham, South Carolina Republican, tried to assert the speech and debate clause in fighting a subpoena from District Attorney Fani Willis in Georgia but was ultimately forced to testify before the Fulton County special grand jury.

• Tom Howell Jr. can be reached at thowell@washingtontimes.com.