https://www.thegatewaypundit.com/2023/02/mike-pence-fight-special-counsels-subpoena/?fbclid=PAAaZuXNVBOkG5RX1ujID_rupfOpneb33Tz0iCun0O8WgC0xT7GWvrX20DAeY
from your article:
Pence’s decision to challenge Special Counsel Jack Smith’s request has little to do with executive privilege, the people said. Rather, Pence is set to argue that his former role as president of the Senate — therefore a member of the legislative branch — shields him from certain Justice Department demands.
Pence is/was neither a Senator nor a Representative (at the time in question)
He also claimed (correctly) that he was a member of the Executive Branch when claiming that Congress had no right to his testimony (even though prior members of the Executive Branch have testified before Congress)
Also, this gambit didn't work for Lindsey Graham
There is of course another problem for Pence with the Speech and Debate Clause
The information that Pence doesn't want to talk about involves potential treason, definite felonies and definite breach of the peace (and you only need one)
Article I, Section 6, Clause 1:
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
