Mike Pence
Mike PenceTNS/ABACA via Reuters Connect

Former US Vice President Mike Pence has filed a motion asking a judge to block a federal grand jury subpoena for his testimony related to January 6 on the grounds that he is protected by the Constitution’s Speech or Debate Clause, a source familiar with the filing told CNN on Monday.

Pence was subpoenaed in February by Jack Smith, the special counsel who was appointed in November by Attorney General Merrick Garland to lead the Justice Department's Trump probes.

The former Vice President had stated that he was willing to fight the subpoena all the way to the Supreme Court, adding his role as president of the Senate — which he was fulfilling during Capitol riot on Jan. 6, 2021 — makes him immune from the criminal grand jury proceedings Smith is leading.

His legal team filed the motion Friday night, the same day former President Donald Trump’s attorneys asked a judge to block Pence from speaking to a grand jury about certain matters covered by executive privilege, according to CNN.

The Pence motion seeks to stop testimony pertaining to his legislative functions around January 6, which could potentially include a broad swath of testimony. It is separate from Trump’s motion, which argues that the former president can shield former aides from sharing internal communications.

Pence has written a memoir detailing his interactions with Trump leading up to January 6, which could complicate efforts to resist the subpoena.

His team previously indicated to the Justice Department that he’d be open to answering questions if they were limited to the matters he had previously discussed publicly, including in his book, a source told CNN.

Pence’s legal team did not comment. The Justice Department also did not comment.