U.S. former Vice-President Mike Pence has been subpoenaed by Jack Smith, the special counsel of the Department of Justice investigating the riot on January 6.

The subpoena seeks information and testimony about the unsuccessful effort by ex-President Donald Trump and his associates to rig the 2020 election, culminating in the attack on the U.S. Capitol on January 6, sources told ABC News.

In what has been described as an aggressive move in the investigation, Mr Pence is better positioned to give insights into Mr Trump’s state of mind during the riots. 

The action will conflict with Mr Trump’s prior exercise of executive privilege, which he had employed to stymie, stall, and block testimony from former administration members in different investigations into his actions.

It’s unclear at this time how much the former vice president could attempt to assert executive privilege claims concerning the information Mr Smith is requesting, which could lead to a potentially drawn-out court dispute with no established historical precedent.