Special Counsel Jack Smith is proving himself to be a different kind of federal prosecutor. Ordinarily, prosecutors wait for a witness to invoke privileges in the grand jury before going to the judge to litigate the legitimacy of those privileges. But Smith is NOT following the usual prosecutorial blueprint. Just two weeks after serving Pence with a grand jury subpoena, Smith has filed a motion with Chief Judge Beryl Howell asking her to preemptively declare that Mike Pence has no legitimate privilege to invoke and ordering him to testify.
