Former Federal Judge: Pence’s Legal Battle Against Special Counsel’s Subpoena Will Destroy Him

J. Michael Luttig is a conservative former federal judge who is widely respected in legal circles, and he has a stark warning for former Vice President Mike Pence: Your attempt to get out of a subpoena from Special Counsel Jack Smith is likely to backfire on you.

Writing in a New York Times op-ed, Luttig notes that Pence has vowed to take his appeal of Smith’s subpoena “all the way to the Supreme Court,” and offers this advice to the ex-VP:

“A politician should be careful what he wishes for — no more so than when he’s a possible presidential candidate who would have the Supreme Court decide a constitutional case that could undermine his viability in an upcoming campaign.”

The op-ed from Luttig comes just days after he made the same argument on Twitter, laying out the nightmare scenario which could soon face Pence if he does indeed decided that he will continue to fight Smith’s subpoena.

“It is an unsettled question of constitutional law whether a Vice President of the United States possesses qualified Speech or Debate Clause privileges and protections when he or she serves, in accordance with the Twelfth Amendment, as President of the Senate”

Luttig then followed up with a series of postings in which he ripped apart the shaky legal footing Pence was claiming as a way of avoiding having to testify.

Pence will not prevail with his legal shenanigans, Luttig concludes, reminding the the former vice president that the longer he draws out the matter, the worse the timing will be for him and his possible political future:

“Mr. Pence may also be under the impression that the legal fight over his claim will confound the courts, consuming months, if not longer, before he receives the verdict — but it’s unclear what he hopes to gain from the delay. One would have thought Mr. Pence would have seized the propitious opportunity afforded him by Mr. Smith, most likely weeks or months before he even decides whether he will run for the presidency.”

Will Pence heed Luttig’s advice? Considering his slavish devotion to the failed ex-president, it seems unlikely.