Donald Trump is appealing a federal judge’s ruling that would require former Vice President Mike Pence to testify in special counsel Jack Smith’s investigation into efforts to overturn the 2020 election.
Last month, D.C. Chief Judge James Boasberg shut down Trump’s argument that Pence shouldn’t have to testify in Smith’s investigation on the grounds of executive privilege. Boasberg ordered Pence to testify to the grand jury about any relevant conversations between him and Trump leading up to the insurrection, emphasizing he is not immune from testifying on alleged illegal actions by the former president.
Now, Trump has appealed to the U.S. Court of Appeals for the DC Circuit to try and reverse that ruling, according to a docket entry visible Monday and sources that spoke to outlets including Bloomberg and CNN about the sealed proceedings.
In a separate ruling on the same case, Judge Boasberg agreed with Pence and his lawyers’ argument that the Constitution’s Speech or Debate clause gives the former vice president some limited protections during his testimony. In his ruling, the judge agreed that Pence can decline to answer questions related to his legislative actions on Jan. 6 — as he was acting as the president of the Senate while he presided over the certification of the election results.
Last week, Pence lawyers announced they will not appeal the judge’s order that the former vice president testify in the investigation.
“The Court’s landmark and historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States. Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law,” Pence adviser Devin O’Malley said in a statement.
As of now, it is unclear when Pence will appear before the grand jury in Washington.
