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Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing probes into former President Donald Trump, according to multiple sources familiar with the matter.

Sources told ABC News that the subpoena from special counsel Jack Smith requests documents and testimony related to the failed attempt by Trump and his allies to overturn the 2020 election, which culminated in the deadly Jan. 6 attack on the U.S. Capitol.

The subpoena follows months of negotiations between federal prosecutors and Pence's legal team.

Smith was appointed in November to oversee the investigation into Trump's potential mishandling of classified documents after leaving the presidency and obstructing the government's efforts to retrieve them -- as well as a separate probe into efforts by Trump and his allies to overturn the results of the 2020 election.

The move will be seen as a major escalation of Smith's probe into efforts by Trump and his allies to overturn the election, and suggests that Smith's investigation has entered a more advanced stage.

It's not immediately clear to what extent the former vice president might seek to invoke claims of executive privilege over the information sought by Smith, which could set up a potentially lengthy and contentious legal battle with no clear modern precedent.

Former Vice President Mike Pence speaks to guests at the Republican Jewish Coalition Annual Leadership Meeting, Nov. 18, 2022, in Las Vegas.

Scott Olson/Getty Images

A spokesperson for Pence did not respond to a request for comment by ABC News. The special counsel's office declined to comment.

A spokesperson for Trump also did not immediately respond.

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Mike Pence subpoenaed by special counsel overseeing Trump probes ...

Pence subpoenaed by special counsel in Trump probes

Former Vice President Mike Pence has been subpoenaed by the special counsel who is overseeing the investigations into former President Donald Trump, multiple sources confirmed to CBS News.

Special counsel Jack Smith was appointed in November to oversee the Justice Department's criminal investigation into Trump, including the allegations that he retained national defense information at his residence at Mar-a-Lago and key aspects of the Jan. 6 investigation.

The subpoena was first reported by ABC News.

Special counsels have broad subpoena power, and it's unclear what information the special counsel is seeking in the subpoena.

Smith's office declined to comment. Pence's office declined to comment as well.

Pence is considering whether he will run for president in 2024, while Trump has already launched his 2024 bid.

Sources told CBS News in November that the Justice Department had reached out to Pence in connection to Trump's alleged efforts to overturn the 2020 election and Jan. 6, 2021. Sources familiar with the matter told CBS News at the time that Pence had received the request and was reviewing it.

The committee investigating the Jan. 6 attack said last year before concluding their investigation that they wanted to speak to Pence. Pence said in August that he would "consider" speaking to the committee, but said it would be "unprecedented in history for a vice president to be summoned to testify on Capitol Hill." There have been some instances of both sitting presidents and vice presidents called to testify before lawmakers. Pence later told "Face the Nation" that the committee had "no right" to his testimony.

The Justice Department investigation and the House committee were two separate probes and the House committee has since disbanded.

In the last few weeks, Ken Cuccinelli, a former top homeland security official; the president of the conservative government watchdog group Judicial Watch Tom Fitton; and former top Trump aide Johnny McEntee have all been spotted at the courthouse where multiple grand juries has been meeting to investigate whether criminal charges are warranted against Trump related to Jan. 6, 2021, 2020 election interference or his handling of classified documents after his presidency.

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Fin Gmez is CBS News' political director.

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Mike Pence subpoenaed by special counsel Jack Smith, who is ...

Former Vice President Mike Pence said he will make a decision in the new year about whether he will seek national office.

He was asked during an appearance on Fox News Monday morning whether he would be interested in running for the open seat in the US Senate from Indiana, where he was governor from 2013 to 2017.

I think if we were ever to step forward to serve the American people that would be to take all the experience that weve had and run for national office, Pence, 63, said in the interview on Americas Newsroom.

But Im always humbled to be asked, you know, somebody asked me the other day if I ever thought about running for president and I said, No more no less than any other kid that grew up with a cornfield in his backyard,' he added.

Pence, who served four years as vice president in the Trump White House, said he and his family will get together over the Christmas holidays for the first time in three years and discuss where we might next step forward to serve our country.

He said national service is a calling that he must reconcile with his Christian faith.

[T]he last 20 years its been about a calling and about trying to respond to that call. So were going to listen to one another, were going to pray, were going to continue to listen to the American people, and then sometime in the first ofnext year I think well be able to discern that, he said.

Pence appears to have broken from the 76-year-old former president, who announced a week after the Nov. 8 midterm elections that he will launch another White House bid, and has said he thinks well have better choices in the future than Trump.

In the interview on ABC News last month, Pence said he and his family will give his political future prayerfulconsideration.

Along with Trump, a number of Republicans are expected to seek the nomination, including Florida Gov. Ron DeSantis, former Secretary of State Mike Pompeo, one-time UN Ambassador Nikki Haley and Sens. Ted Cruz of Texas and Tim Scott of South Carolina.

The US Senate seat in Indiana became open in 2024 after Sen. Mike Braun, a Republican, announced that he would run for governor.

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Mike Pence: Decision on seeking national office coming next year

Former Vice President Mike Pence doesnt think Donald Trump should be indicted for his Jan. 6 activities, and he seems to be basing his reasoning, in part, on bad Christmas movie scripts and not on actual legal theory.

The House committee investigating the insurrection is making its final public presentation Monday about Trumps unprecedented effort to overturn the 2020 presidential election.

But Pence told Fox News on Monday that he hopes the Justice Department doesnt indict his former boss for his role inciting the Capitol Hill riot because of what he claims is a partisan taint.

Congress has no formal role in Justice Department decisions, so they can make recommendations today, Pence said. But when it comes to the Justice Departments decision about bringing charges in the future, I would hope that they would not bring charges against the former president.

Pence then suggested that Trumps only crime was picking bad attorneys.

The presidents actions and words on Jan. 6 were reckless, but I dont know that its criminal to take bad advice from lawyers, Pence said.

Pence then tried to suggest the DOJ shouldnt be Grinches by following the pesky rule of law when it is, after all, Christmas, before deciding to indict Trump.

I think that would be terribly divisive in the country at a time when the American people want to see us heal, Pence said. At this time of year, were all thinking about the most important things in our lives: our faith, our family. And my hope is, the Justice Department think very carefully before proceeding.

You can watch the exchange below.

Many Twitter users werent impressed by Pences comments, including two former Republican congressmen.

Other Twitter users werent impressed either.

Pence has spent much of his time trying to appeal to Trumps MAGA base while also trying to make his own mark as a viable Republican candidate.

In the process, hes gone to extremes, from demanding Trump apologize for hosting white supremacist organizer Nick Fuentes at Mar-a-Lago and avoiding giving a straight answer after being asked if he still considered the former president to be a good man to admitting voters have better choices than reelecting his old boss.

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Mike Pence Doesn't Want The DOJ To Ruin Trump's Christmas

Former Vice President Mike Pence refused to commit his support to former President Donald Trumps bid for reelection during a CNN town hall on Wednesday. Speaking with moderator Jake Tapper a day after the release of his memoir, So Help Me God, and Trumps official snoozefest, Pence said Republicans will have better choices in the 2024 presidential race than Trump.

I think its time for new leadership in this country that will bring us together around our highest ideals, Pence said, adding the highly doubtful sentiment that Americans want us to get back to the policies of the Trump-Pence administration.

When pressed on whether or not he would run for president in 2024, Pence told Tapper, Ill keep you posted.

The former VP was less coy when asked about Jan. 6, which he called the most difficult day of my public life. Trump held Pence largely responsible for the failure of his illegal attempts to overturn the 2020 presidential election, repeating the false claim that Pence had the power to do so.

After Tapper showed Pence footage of rioters at the Capitol chanting hang Mike Pence as his family fled to safety, Pence said that day it angered me.

I had one higher loyalty, and that was to God and the Constitution. And thats what set in motion the confrontation that would come to pass on January 6 because I had taken an oath to the Constitution of the United States, Pence said of his role that day, when Trump and his allies tried to convince Pence to join an unconstitutional bid to overturn the election results.

Earlier this week on ABC, Pence accusedDonald Trumpof endangering me and my family and everyone at the Capitol building, and added that on the day of the Capitol riot, the presidents words were reckless. It was clear he decided to be part of the problem.

When confronted with the question on why he didnt do more to stop Trumps dangerous spread of misinformation about the election, Pence pointed the blame elsewhere. The finger-pointing was specifically in the direction of Trumps personal attorney Rudy Giuliani and other advisors who were telling him what his itching ears wanted to hear.

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Mike Pence Says Republicans 'Have Better Choices' Than Trump