Former President Donald Trump has appealed a judge’s order requiring his former vice president, Mike Pence, to testify in the special counsel probe into efforts to overturn the results of the 2020 presidential election.
On Monday, a new sealed case appeared on the federal appeals court docket in Washington, D.C., that referred to a grand jury matter before U.S. District Chief Judge James Boasberg.
While the case remains under seal, Reuters cited a person familiar with the matter and reported that Trump was challenging Pence testifying.
Last week the former vice president announced that he would not appeal a judge’s ruling that required him to appear before a grand jury.
That grand jury is looking into Trump’s role in the January 6 Capitol attack and attempts to overturn the 2020 election, overseen by Special Counsel Jack Smith, appointed by U.S. Attorney General Merrick Garland.
Former President Donald Trump (left) has appealed a judge’s order requiring his former vice president, Mike Pence (right), to testify in the special counsel probe into efforts to overturn the results of the 2020 presidential election
Special Counsel Jack Smith is overseeing a probe looking at former President Donald Trump’s role in attempting to overturn the presidential election and the U.S. Capitol attack on January 6, 2021
Smith is also overseeing a second investigation looking at Trump’s retention of classified documents at his Mar-a-Lago estate in Florida after leaving office in January 2021, and whether he tried to obstruct the Justice Department’s investigation.
Pence had initially challenged a subpoena to testify, arguing that he was offered some protection in his role as president of the Senate while presiding over the joint session of Congress to certify the 2020 election on January 6.
‘I can’t speak very much about it and matters that are before the grand jury today, but I can tell you that I’m very pleased that the federal judge agreed with our position that the Constitution’s Speech and Debate clause does extend protections to the vice president when I’m serving as president of the Senate,’ Pence said late last month during a visit to Cedar Rapids, Iowa.
Boasberg’s ruling would allow Pence to decline some lines of questioning about what happened on January 6.
But Pence has also hinted he would be forthright.
‘I have nothing to hide,’ the former vice president told reporters in Iowa. ‘I’ve written and spoken extensively about that day,’ he added.
In March, Pence spoke at the annual white-tie Gridiron Dinner in Washington, D.C. and offered his strongest rebuke against Trump yet.
‘President Trump was wrong. I had no right to overturn the election, and his reckless words endangered my family and everyone at the Capitol that day, and I know that history will hold Donald Trump accountable,’ Pence said.
Several of Trump’s attorneys did not immediately respond to a request for comment from Reuters.
Final briefs in the appeal are due by May 25, according to an initial schedule set by the court, which does not name the parties to the case.
