Attorney Asks to Depose Pelosi in Civil Suit Right Before Election Day

As though House Speaker Nancy Pelosi (D-CA) doesn't have enough going on right now...

The attorney representing a female U.S. Capitol Police officer who suing the U.S. Capitol Police Board for alleged sexual discrimination is demanding that Pelosi give a sworn deposition on November 1, the day before the most-pivotal midterm election in 16 years.

Special Agent Luanne Moran is a member of Pelosi's U.S. Capitol Police protective detail. Moran doesn't allege Pelosi did anything wrong. But she is suing the police after supervisors placed her on administrative leave following an incident in which she used foul language.

The Speaker of the House is second-in-line to the presidency and U.S. Capitol Police provide a round-the-clock detail to protect Pelosi or any other speaker. Serving on a dignitaries detail is considered to be an elite assignment in the Capitol Police hierarchy.

Moran contends her bosses suspended her after she used the F-word during in incident on August 27, 2008. In her suit, Moran argues that salty language "is regularly used by everyone on the detail and that such conduct does not regularly warrant any discipline or warnings."

Pelosi's office received the subpoena for the deposition on Wednesday. It required her to appear at the Washington, DC law offices of Tully Rinckey at 10 am on November 1.

The subpoena reads: "YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action."

Pelosi's counsel could file a motion to alter the terms of the subpoena, perhaps noting a time conflict with when the Speaker is asked to be deposed.

FOX has learned that the counsel for the House of Representatives has not done that but did challenge Moran's attorney to justify the relevancy of deposing Pelosi.

Moran's counsel argues that there is no political gamesmanship afoot in the effort to depose Pelosi one day before the election.

"We're on a schedule set by the District Court of the District of Columbia," said John Mahoney, her lawyer. Mahoney indicated that it was important to hear from Pelosi soon in her present capacity.

"There's a question as to whether she would retain (her) position," Mahoney added, hinting at electoral concerns that Democrats might not hold the House. "The Speaker is not the only witness we have to depose."

Moran argues that she wants the Speaker deposed because she was present when the incident unfolded. But Pelosi's office questions that assertion.

"The speaker was not involved so I will not comment on this issue," said Pelosi spokesman Nadeam Elshami.

- FOX's Shannon Bream contributed to this report.