Mike Pence must testify in Jan. 6 special counsel investigation, judge rules

Daily Caller News Foundation

Former Vice President Mike Pence has to testify before a grand jury regarding his conversations with former President Donald Trump during and before the Jan. 6 Capitol riot, sources told CNN.

Federal Judge James Boasberg ruled that Pence must testify in the Special Counsel Jack Smith’s investigations into the degree of involvement the former president had with the storming of the Capitol, sources familiar with the sealed ruling told CNN. Pence will still be allowed to decline to answer questions during his appearance before the grand jury that relate to his own actions in the certification of the 2020 election on Jan. 6.

Pence was initially subpoenaed for documents and testimony by Smith back in February, and has since planned to challenge it. The former vice president planned to fight Smith’s subpoena via a novel argument, the “speech and debate” clause, on the grounds that he was a working member of the Legislature on that day, and couldn’t comment on such legal proceedings.

“He feels it really goes to the heart of some separation of powers issues. He feels duty-bound to maintain that protection, even if it means litigating it,” a source close to Pence told Politico.

Citing his role as president of the Senate to protect him from testifying would have been a “first time” argument, Roy Brownell, Senate Majority Leader Mitch McConnell’s former counsel, told Politico.

The former vice president is still able to appeal, according to CNN.

Mark Meadows, former Trump chief of staff, was subpoenaed before Pence back in January and could push back citing executive privilege. Former Trump officials and Pence’s chief of staff, Marc Short, and his lawyer, Greg Jacob, have already testified.

Pence’s team did not immediately respond to the Daily Caller News Foundation’s request for comment.

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