Pence rips 'two-tiered justice system' as he fights Biden DOJ subpoena

close

Video

Former Pence chief of staff details FBI search of Pence residence for classified docs

Former Vice President Mike Pence's chief of staff Marc Short says he sees a growing double standard at the Department of Justice on 'America Reports.' 

Former Vice President Mike Pence on Wednesday took a swing at what he called the "two-tiered justice system," telling reporters during a gaggle in Cedar Rapids, Iowa, that his efforts to fight a Department of Justice (DOJ) subpoena are evidence of the "double standard" Republicans face.

Pence made the comments when asked about his rejection of the subpoena, which was issued last week by the special counsel investigating the Jan. 6, 2021, riot at the U.S. Capitol and former President Donald Trump's possible mishandling of documents after leaving office.

"I'm going to fight the Biden DOJ subpoena for me to appear before the grand jury because I believe it's unconstitutional and it's unprecedented," Pence told reporters. "Never before in American history has a vice president been summoned to appear in court to testify against the president with whom they serve."

MIKE PENCE'S FORMER ADVISER SAYS DOJ SUBPOENA ACTS AS ‘SECURITY BLANKET’ FOR EX-VP'S POSSIBLE 2024 RUN

Former Vice President Mike Pence answers questions from the press during a visit to Florida International University in Miami as part of the book tour for his New York Times bestselling book, "So Help Me God," on Jan. 27, 2023. (Scott McIntyre / For The Washington Post via Getty Images)

"I'm aware that President Trump is going to bring a claim of executive privilege that will be his claim to make. That's his fight. My fight is on the principle of separation of powers and the Constitution of the United States," he added, referencing the possibility of Trump claiming executive privilege to avoid having to comply with a similar subpoena.

Pence reiterated that he "had no right" to overturn the results of the 2020 presidential election during a joint meeting of Congress on Jan. 6, 2021, and that Trump "endangered" the lives of him and his family through his rhetoric that the election was stolen.

TRUMP CALLS PENCE A ‘VERY HONORABLE MAN’ AFTER SPECIAL COUNSEL JACK SMITH SUBPOENA

He argued that the Speech or Debate Clause in the Constitution prohibited him from being compelled by the Biden administration to appear in court, and he vowed to fight the subpoena on that principle all the way to the Supreme Court if necessary. He added that the DOJ was flip-flopping, noting that it took the same position on two previous occasions by arguing that he had "absolute legal immunity" because of his executive role.

An explosion caused by a police munition is seen while supporters of President Donald Trump gather in front of the U.S. Capitol in Washington, D.C., on Jan. 6, 2021. (Reuters / Leah Millis)

"For that reason, this smacks of the kind of two-tiered justice system that Republicans have been dealing with throughout the Biden administration," Pence said, relating his argument to other issues.

SCHIFF URGES PENCE TO ‘COOPERATE FULLY' ON SPECIAL COUNSEL SUBPOENA AFTER SKIPPING JAN. 6 COMMITTEE

"It seems like there's one set of rules for Republicans and one set of rules for others, whether it be parents who were targeted showing up at school board meetings, whether it be ignoring the plight of pro-life crisis pregnancy centers, suffering attacks and vandalism, whether it be recent allegations of the Department of Justice colluding with Big Tech to suppress the free speech rights of Americans," he said.

"There is a sense across the country among many Republicans that there's a double standard in a justice system that ought not to be. And I'm going to stand firmly on the position of the separation of powers described in the Constitution of the United States. And we'll do that. For me, this is a matter of constitutional principle, and it's one that we will take to the courts and take to the American people," Pence added.

Former President Donald Trump (Sam Wolfe / Bloomberg via Getty Images / File)

CLICK HERE TO GET THE FOX NEWS APP

Pence has hinted that he plans to jump into the 2024 presidential race in the near future, but it's unclear when he might announce. So far, Trump and former U.N. ambassador Nikki Haley are the only major candidates in the race.