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Mike Pence summoned to testify in criminal probe of Trump

Pence speaking in November 2022

Former US Vice-President Mike Pence has been issued with a legal summons to testify in a criminal investigation of former President Donald Trump.

The subpoena is reportedly linked to Mr Trump's bid to overturn his defeat in the 2020 presidential election.

Department of Justice Special Counsel Jack Smith is also investigating Mr Trump's handling of classified files.

The subpoena piles pressure on Mr Pence as he considers a potential White House run against Mr Trump in 2024.

Failure to comply with such a summons could lead to serious legal consequences.

Sources told US media that the order was related to Mr Trump's efforts to quash the election result and the riot by his supporters at Capitol Hill on 6 January 2021.

The special counsel is also leading a parallel inquiry into whether Mr Trump mishandled classified documents that were found in a search of his Florida home.

Neither Mr Pence nor the Department of Justice confirmed that a subpoena had been issued.

The move marks a milestone in the two-year investigation, which was taken over by the special counsel in November.

Mr Trump publicly pressured his vice-president to attempt to block the transfer of power.

His refusal led Mr Trump to lash out at him, and saw Trump supporters chant "hang Mike Pence" as they stormed Congress during the riot.

The former vice-president is reportedly considering launching a White House bid in 2024. Mr Trump has already started his campaign.

Mr Pence, a former Indiana governor, had previously resisted testifying to the Democratic-led House of Representatives committee investigating the Capitol riot. That panel has since disbanded.

The latest move by the justice department could set up a fight over executive privilege - the legal doctrine that shields some presidential communications.

It is unclear if investigators will also seek to question Mr Pence about confidential files.

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In January, aides to Mr Pence told US officials they had found classified documents at the former vice-president's home.

The search was conducted after similar documents were discovered at President Joe Biden's home in Delaware and at an office he used in Washington. Another special counsel, Robert Hur, is investigating the Biden files.

Marc Short, the former chief of staff to Mr Pence, told CNN on Wednesday that the FBI was expected to search the ex-vice-president's house for any additional documents "not too far off into the future".

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Mike Pence summoned to testify in criminal probe of Trump

Mike Pence subpoenaed by special counsel overseeing Trump probes …

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 ...

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

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 ...

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