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Well, he had his moment. Ever since he presided over the certification of the president's win on January 6, 2021, Mike Pence has made a life's work out of scarpering. He's always had hands like a hippo when it comes to politics, so he has absolutely no chance of running the double game of capitalizing on his big moment while still observing general omerta on behalf of his former boss. He doesn't have the finesse for that play. Maybe nobody does; but in Pence's case, it's like watching a toddler juggling chainsaws. As we learned on Monday, when Pence decided to fight a subpoena from special counsel Jack Smith. From CNN:

Yes, friends, Mike Pencewho for four years was our only vice president and who already has written about the events of January 6 in his widely unread memoiris arguing that he is covered by a privilege derived from the legislative branch, while his former boss is arguing he's protected by a privilege from an entirely separate branch. (How testifying about the events that led up to calls for his lynching qualifies as either "speech or debate" is a mystery to me.) There is absolutely no way this ploy should get any run from any judge who isn't asleep or dead. A while back, conservative former Judge J. Michael Luttig shredded Pence's strategy in The New York Times. Luttig was particularly good at dismantling Pence's claim that the subpoena was "unprecedented." Of course it is, Luttig notes, because the previous presidency* was.

The saddest thing about this situation is that I believe Pence is going through all these legal gymnastics partly to keep alive his prospects for 2024, which approximate those of Marianne Williamson, Lady Gaga, and Trigger. The moment he did his duty, he doomed himself in any future Republican primary. His GOP elephant is wandering the landscape with a bullet in its brain, waiting to fall over for good. And hardly anyone will notice.

Charles P Pierce is the author of four books, most recently Idiot America, and has been a working journalist since 1976. He lives near Boston and has three children.

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Mike Pence Fights Special Counsel Subpoena for Jan. 6 Testimony

Former President Donald J. Trump has filed a motion asking a federal judge to prevent his former vice president, Mike Pence, from testifying to a grand jury about specific issues that Mr. Trump is claiming are protected by executive privilege, a person briefed on the matter said.

The filing is unsurprising Mr. Trumps lawyers have repeatedly sought to assert executive privilege over former aides as a means of blocking testimony but it underscores how much the Justice Departments attempts to get Mr. Pence to testify in the investigation into Mr. Trumps efforts to cling to power may be drawn out.

The sealed filing was made on Friday, according to the person briefed on the matter. Its existence was reported earlier by CNN. A spokesman for Mr. Trump did not respond to a request for comment.

Mr. Pence was recently subpoenaed for grand jury testimony after negotiations between his team and the Justice Department over his appearance came to an impasse, people briefed on the matter said. Mr. Pence is a key potential witness in the investigation, as the person Mr. Trump pressured repeatedly to thwart the certification of Joseph R. Biden Jr.s Electoral College victory by Congress.

Mr. Trump took his pressure campaign public several times, including on Jan. 6, 2021, the day of the congressional session, which Mr. Pence had a ceremonial role in overseeing. At a rally near the White House before it began, Mr. Trump publicly pressured Mr. Pence and then directed his supporters to go to the Capitol in protest.

The pro-Trump mob ultimately overran the Capitol building, with some chanting, Hang Mike Pence!

The New York Times reported earlier that the Justice Department had filed what amounted to a pre-emptive move to say executive privilege did not apply, seeking to compel Mr. Pences testimony in the matter. Before that motion was filed, Mr. Trumps lawyers had sent a letter to prosecutors saying they were not going to waive executive privilege with regard to Mr. Pences testimony.

Mr. Pence has said he will try to fight the subpoena, but has indicated it will be under the speech or debate clause of the Constitution, which applies to legislators. His argument is under the auspices of his role as president of the Senate.

How Times reporters cover politics.We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.

The investigation is being led by a special counsel, Jack Smith, whose aggressive moves to advance the case have contrasted with the Justice Departments handling of the Jan. 6-related investigation previously.

But it is unclear how quickly it will be settled. The matter could take months, at a time when Mr. Trump is a presidential candidate for the Republican nomination and Mr. Pence is considering a campaign of his own.

Mr. Trumps lawyers also sought to block testimony by two of Mr. Pences top aides: his former chief counsel Greg Jacob and his former chief of staff Marc Short. The privilege disputes have been dealt with by the chief federal judge in Washington, Judge Beryl A. Howell, who is stepping down this month and will be replaced by a new chief judge.

In the cases of Mr. Jacob and Mr. Short, she ruled that they had to testify on issues that Mr. Trump had sought to shield through executive privilege, people briefed on the matter said at the time.

Grand jury subpoenas in the Jan. 6 case were also recently issued to Mr. Trumps daughter Ivanka and son-in-law Jared Kushner. It remains unclear whether Mr. Trump will seek to assert executive privilege there.

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Trump Asks Judge to Block Pences Testimony to Grand Jury

Former Vice President Mike Pence still won't say whether he's running for president next year, and he won't speak ill of his ex-boss, former President Donald Trump. But in an interview with CBS News in Michigan on Wednesday, he also twice declined to commit to supporting Trump if he is the Republican presidential nominee.

Instead, Pence said he believes voters in 2024 will choose "wisely again," as they did in 2016. But said he thinks "different times call for different leadership."

"I'm very confident we'll have better choices come 2024," he told CBS News political correspondent Caitlin Huey-Burns. "And I'm confident our standard-bearer will win the day in November of that year."

But if Pence does run, he's offering a vision of conservative principles and Trump-era like policies without the Trump-era personality. The former vice president said his message in a speech to young voters in Michigan Wednesday was to "resist the temptation of focusing on personalities or embracing a populism unmoored to conservative principle."

"You know, I joined the Republican Party in the days of Ronald Reagan, and I really believe that the conservative movement has always been animated by ideas," Pence said. "We've had big personalities, from Reagan all the way to Donald Trump. But I think it's the ideas of commitment to a strong national defense, fiscal responsibility, limited government and traditional values that really I think created this movement in many ways and I think they still sustain it."

Pence said recently that he would make a decision on whether to run by "this spring," which now is just weeks away. On Wednesday, Pence said he and his wife, Karen, would continue to listen to the American people and should have a clear sense of whether he should run by this spring.

Pence told CBS News he and Karen are "continuing to give prayerful consideration to entering the race."

Asked if he wants to reflect a "pre-Trump Republican Party," Pence said he wants to be true to his calling in public life and would shun any campaign that wholly focuses on the negative.

"As I've traveled around the country, I've heard again and again that people look at the record of the Trump-Pence administration. They want to get back to our policies of a strong defense, American leadership in the world, a vibrant free-market economy, secure borders and conservative judges. But I also hear that they they want to see us get back to the kind of civility in politics that the American people show each other every day."

Pence, asked if entitlement reform would be a key piece of his platform, laid out what a Pence platform could look like.

"My wife and I are continuing to give prayerful consideration to entering the race for the Republican nomination for president," Pence said. "But I can assure you that if we choose to run, we'll bring that broad conservative agenda that's characterized my life and my career before. That means a strong national defense, it means standing up for America's place as leader of the free world. Confronting aggression, whether it's in eastern Europe or standing strong in the Asia Pacific."

"But yes, it also means promoting policies that will get the economy growing again but also advancing policies that will set our national budget on a sustainable pathway," he continued. "I must say, the American people have a demonstrated ability to do hard things. But it's only been at those times in our history when we've had leaders that were willing to be straight with the American people. Tell them what the real challenges are, what the solutions are. And if I'm called into that contest, I'll speak just that way."

The former vice president also defended his decision to challenge a subpoena in from the special counsel overseeing investigations into efforts by Trump and Trump allies to alter the results of the 2020 presidential election. Pence's team argues it's unconstitutional to compel a former vice president to testify in the case, although some legal scholars disagree.

"The notion of compelling a former vice president to appear in court to testify against the president with whom they served is unprecedented, but I also believe it's unconstitutional," Pence said, adding that he's "limited in what I can say about those proceedings."

The former vice president also declined to criticize other potential or declared candidates, like Florida Gov. Ron DeSantis. But he did disagree with former Gov. Nikki Haley's position that there should be a competency test for politicians over 75 years of age.

"I come from southern Indiana, where people think most politicians should have a competency test," Pence joked.

"No, I think the American people can sort that out. I really do," he added.

Kathryn Watson is a politics reporter for CBS News Digital based in Washington, D.C.

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Pence won't commit to supporting Trump if he's the nominee

Former Vice President Mike Pence has declined an invitation to the Conservative Political Action Conference, sources told ABC News.

The decision by Pence, who is debating a 2024 presidential run, comes as other notable figures are absent from this year's lineup.

Florida Gov. Ron DeSantis, who spoke at CPAC last year, has two events scheduled in Texas as CPAC gets underway in Maryland.

A spokesperson for CPAC told ABC News that neither Pence nor DeSantis are currently slated to attend.

"It's a missed opportunity for any potential Presidential Candidate to not address the thousands of grassroots activists at CPAC this year. Luckily, CPAC attendees will get to hear from every announced Presidential candidate and over 100 premiere speakers, including over 30 elected officials," Megan Powers, a spokesperson for CPAC, told ABC News on Saturday.

DeSantis' spokesperson did not respond to ABC News' request for comment. A spokesperson for Pence declined to comment.

Pence did not attend the event in 2022 and declined an invitation in 2021. This year's absences come as the chairman of CPAC -- which bills itself as the "largest and most influential gathering of conservatives in the world" -- is embroiled in a sexual assault scandal.

Earlier this year, a staffer for one-time Senate candidate Herschel Walker alleged that Matt Schlapp, the chairman of CPAC, "groped" and "fondled" his crotch while he was driving Schlapp back from a bar in Atlanta, according to a report from The Daily Beast. The staffer then filed a lawsuit against Schlapp and his wife, Mercedes, seeking $9.4 million for sexual battery and defamation, according to a report.

A statement from Schlapp's attorney at the time said the complaint is "false" and the "Schlapps and their legal team are assessing counter lawsuit options."

But some say the allegations have "exacerbated" issues for the organization.

"It shouldn't come as a surprise that CPAC is not attracting the big names that it once did. There's a feeling within the Republican Party that CPAC has long abandoned the traditional values that it once stood for," one GOP operative said. "The allegations against Matt Schlapp for allegedly 'pummeling' a man's 'junk' against his will have only exacerbated these issues and are likely to contribute to further decline by the organization."

Still, the event had drawn speakers such as former President Donald Trump and ambassador Nikki Haley, both of whom have declared their candidacy for 2024.

Republican Rep. Marjorie Taylor Greene, who recently called for a "national divorce" between Republican and Democratic states, is also scheduled to speak.

Kari Lake, the Trump-backed candidate who lost her bid for governor in Arizona and pushed false claims of election fraud, will be the featured speaker for Friday night's Reagan dinner.

The CPAC announcement praised her as "a rare leader who captured the hearts of conservatives with her honest, bold message including closing the Arizona border and exposing widespread election fraud."

"CPAC is a great place for conservatives to come together, Lake said in a video posted on Twitter by Schlapp last week.

The event is scheduled to run from March 1-4.

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Mike Pence declines invitation to CPAC as event's leader comes under ...

Federal prosecutors have asked a judge to compel Vice President Mike Pence to comply with a grand jury subpoena for his testimony in a criminal investigation of ex-President Donald Trump for efforts to overturn his 2020 election loss to President Joe Biden, a new report says.

The sealed motion, filed in recent days with Chief Judge Beryl Howell in U.S. District Court in Washington, D.C., came after attorneys for Trump asserted executive privilege over Pence's subpoena, CBS News reported Thursday.

On Wednesday, The New York Times reported that special counsel Jack Smith, who is overseeing the probe, obtained grand jury subpoenas compelling the testimony of Trump's daughter, Ivanka Trump, and her husband, Jared Kushner.

Both Ivanka Trump and Kushner served as senior White House advisors during her father's administration.

Trump previously sought to exercise executive privilege which allows certain presidential communications to be kept confidential over grand jury testimony in the probe, news outlets have reported.

He has also tried to invoke it in other recent legal matters, including a battle over the hundreds of documents seized by the FBI last summer from his personal residence at his Mar-a-Lago club in Palm Beach, Florida. Smith also is leading a criminal probe of Trump in connection with that case.

Smith's motion to compel Pence's testimony in the election investigation asks Howell to uphold the legal authority of the grand jury subpoena, according to CBS, which cited people familiar with the case.

Pence's spokesman, when asked about the report by CNBC, pointed to CBS' reporting that Howell recently issued a gag order barring people involved in the probe from commenting on it.

Howell on Thursday rejected an effort by media outlets to access records related to the grand jury investigation.

A spokesman for Smith declined to comment to CNBC. An attorney for Trump did not immediately respond to a request for comment.

Pence last week said he would fight the subpoena.

"No vice president in American history has ever been compelled to testify against a president with whom they serve," Pence said.

Pence plans to argue that his former role as president of the Senate which he held by virtue of being vice president of the United States means he is covered by the Constitution's "speech or debate" clause, which can protect legislative branch members from legal threats related to their work.

An attorney for Rep. Scott Perry, R-Pa., cited that clause earlier Thursday, telling a federal appeals court that the Justice Department has no authority to search the congressman's cell phone as part of the agency's probe of Trump.

Separately, the FBI seized a classified document in a search of Pence's home earlier this month.

That consensual search was scheduled weeks after an attorney for Pence alerted the government to a "small number" of records with classified markings that were found at his residence.

Biden's attorney general, Merrick Garland, appointed Smith as special counsel in November, in response to Trump's announcement that he is running for the Republican presidential nomination in 2024.

At the end of his first term in office on Jan. 6, 2021, Trump urged Pence to help challenge the election results by rejecting key Electoral College votes for Biden.

After Pence refused,a violent mob of Trump's supporters stormed the U.S. Capitol, sending the vice president and congressional lawmakers into hiding.

Pence, who is teasing a possible White House run of his own, said he believes there will be "better choices" than Trump for the 2024 Republican presidential nomination.

Read the full report from CBS.

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Trump investigation: Mike Pence testimony sought by prosecutor