Pence Drops Fight to Avoid Testifying to Grand Jury

Trump could still appeal judge's decision, however
By Rob Quinn,  Newser Staff
Posted Mar 28, 2023 2:18 PM CDT
Updated Apr 5, 2023 6:10 PM CDT
Report: Judge Says Pence Has to Testify in Jan. 6 Probe
Former Vice President Mike Pence speaks at University Chapel at Washington and Lee University, Tuesday, March 21, 2023, in Lexington, Va.   (Scott P. Yates/The Roanoke Times via AP)
UPDATE Apr 5, 2023 6:10 PM CDT

Former Vice President Mike Pence will testify before a grand jury investigating any efforts by his old boss to overturn the results of the 2020 presidential election. Pence has decided against appealing the decision by a judge that mostly rejected his arguments, and former President Donald Trump's, to limit the former vice president's testimony, an adviser said Wednesday. Pence "will comply with the subpoena as required by law," Devin O'Malley said in a statement, per NBC News. The date of Pence's appearance wasn't released; Trump could still appeal the judge's decision.

Mar 28, 2023 2:18 PM CDT

Former Vice President Mike Pence has been told that he can't avoid testifying to a grand jury about his conversations with former President Trump in the lead-up to the Capitol attack, though he will be allowed to skip testifying about his actions on the day of the riot, sources tell CNN. After special counsel Jack Smith subpoenaed Pence earlier this year, Trump argued that executive privilege barred Pence from testifying, while Pence argued that constitutional protections for lawmakers prevented him from testifying about Jan. 6, 2021, when he was serving as president of the Senate, reports the Washington Post. Last month, he described the subpoena as "unconstitutional and unprecedented."

US District Court Judge James Boasberg rejected Trump's executive privilege claim, though he ruled the the "speech or debate" clause in the Constitution does shield Pence from having to testify about his official actions on Jan. 6, sources tell the Post. CNN describes the move as a "big win" for the special counsel, who has been investigating Trump's attempts to overturn his 2020 election loss. Numerous Trump aides have already appeared before this grand jury, but the ruling from Boasberg "sets up the unprecedented scenario of a former vice president being compelled to give potentially damaging testimony against the president he once served," the AP reports. (Read more Mike Pence stories.)

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