Following special counsel subpoena, Pence has a decision to make

If he refuses he will go to jail. The executive privilege issue has already been through the courts. They can not keep bringing up the issue. The courts have ruled that Biden as the present executive gets to make the decision.

https://www.msnbc.com/rachel-maddow-show/maddowblog/special-counsel-subpoena-pence-decision-make-rcna70057