The NY Times with a scoop today:
The Justice Department is seeking to question former Vice President Mike Pence as a witness in connection with its criminal investigation into former President Donald J. Trump’s efforts to stay in power after he lost the 2020 election, according to two people familiar with the matter.
Mr. Pence, according to people familiar with his thinking, is open to considering the request, recognizing that the Justice Department’s criminal investigation is different from the inquiry by the House Jan. 6 committee, whose overtures he has flatly rejected.
Complicating the situation is whether Mr. Trump would try to invoke executive privilege to stop him or limit his testimony, a step that he has taken with limited success so far with other former officials.
Mr. Pence was present for some of the critical moments in which Mr. Trump and his allies schemed to keep him in office and block the congressional certification of Joseph R. Biden Jr.’s victory. An agreement for him to cooperate would be the latest remarkable twist in an investigation that is already fraught with legal and political consequences, involving a former president who is now a declared candidate to return to the White House — and whose potential rivals for the 2024 Republican nomination include Mr. Pence.
Thomas Windom, one of the lead investigators examining the efforts to overturn the election, reached out to Mr. Pence’s team in the weeks before Attorney General Merrick B. Garland appointed a special counsel on Friday to oversee the Jan. 6 investigation and a separate inquiry into Mr. Trump’s handling of classified documents, according to one of the people familiar with the matter. Mr. Garland has said that the appointment of the special counsel, Jack Smith, will not slow the investigation.
Officials at the Justice Department declined to comment. A spokesman for Mr. Pence also declined to comment.
The discussions about questioning Mr. Pence are said to be in their early stages. Mr. Pence has not been subpoenaed, and the process could take months, because Mr. Trump can seek to block, or slow, his testimony by trying to invoke executive privilege.
One would hope that any patriotic citizen, much less a man running for president, would not hesitate to cooperate with the Department of Justice. But Pence has kind of a funny history on all of this:
Yep, he said that. He went along all the way up to the line and it was only then that he backed off. He came very close to doing it and I suspect that if it hadn’t all fallen on his shoulders he would have happily gone along. He is not a hero.