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Former VP Mike Pence threads a legal needle.

Above: Trump Impeachment Lawyers. Courtesy of The Guardian

When you are participating in an “open discussion” about a conspiracy to overthrow the results of a Presidential election and the certification of a transfer of power, are you excused from “cooperating?”

Such is the legal needle former VP Pence’s lawyers are threading. Pence’s lawyers know that a subpoena does not look good on a campaign resume; but in the same breath, is participating “voluntarily” validate the ‘partisan agenda’ of the House Select Committee?

House Speaker-in-waiting Kevin McCarthy has already provided an answer: yes…if your political career is on the line.

For the time being, look for Pence’s team to play the card that the House Select Committee will subpoena corroborating phone records in order to get Pence to participate — a move certain to end up in a court challenge.

Look for Pence’s team to mask this effort as validating their position that the Committee’s work is partisan in nature and discriminatory in consequence.

Imagine a government officer accused of impeding the lawful transfer of power. ‘New’ to America; ‘standard fare’ for societies slipping into authoritarianism.

Look for a court comment on the merits of such litigation. And for the reckoning of a political career. Pence will be ‘loyal to party,’ and if this means the ‘party of Trump’…well…

If not.. quite… yet… (the ‘party of Trump’)…look for more legal stalling.

January 16

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