One simple question may determine whether Mike Pence can help Jack Smith: Legal analyst

When special counsel Jack Smith filed a superseding indictment against former President Donald Trump in the federal election interference case, he excluded all sorts of evidence that could run afoul of the Supreme Court's immunity decision. But he chose to keep in former Vice President Mike Pence — using a bit of clever argument.

Whether this will work hinges on a key question, CNN legal analyst Jennifer Rodgers told anchor Phil Mattingly.

"It appears that what Smith is trying to do...