Former U.S. Vice President Mike Pence will block a move compelling him to testify by the special counsel investigating former President Donald Trump’s attempt to overturn the 2020 election and subsequent attack on the capitol, Politico reports. 

Mr Pence was subpoenaed last week to give information and testimony about the unsuccessful effort by Mr Trump and his associates to rig the 2020 election, culminating in the attack on the U.S. Capitol on January 6, 2021. 

According to the sources, Mr Pence’s decision to challenge special counsel Jack Smith’s request would be based on the argument that his former role as Senate president — as a member of the legislative branch — exempts him from certain demands of the Department of Justice.

Friends of Mr Pence claimed he is protected by the constitutional provision known as the “speech or debate” clause, which shields congressional officials from legal proceedings relating to their work. 

According to them, the clause legally prevents federal prosecutors from compelling Mr Pence to testify about the central components of Mr Smith’s investigation. 

They argued that if the former vice president testified, it would jeopardise the separation of powers that the constitution seeks to protect.