Federal Judge Orders Pence To Testify About Convos With Trump Leading Up To Insurrection

PEWAUKEE, WISCONSIN - AUGUST 03: Former Vice President Mike Pence speaks at a law enforcement round table hosted by Republican candidate for Wisconsin governor Rebecca Kleefisch at the Ingleside Hotel on August 03, 2... PEWAUKEE, WISCONSIN - AUGUST 03: Former Vice President Mike Pence speaks at a law enforcement round table hosted by Republican candidate for Wisconsin governor Rebecca Kleefisch at the Ingleside Hotel on August 03, 2022 in Pewaukee, Wisconsin. Wisconsin will hold it primary on Tuesday August 9th. (Photo by Scott Olson/Getty Images) MORE LESS
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A federal judge for the D.C. district court ruled that former Vice President Mike Pence must comply with a grand jury subpoena and testify in special counsel Jack Smith’s investigation into former President Donald Trump’s efforts to overturn the 2020 election, according to multiple news outlets

D.C. Chief Judge James Boasberg’s ruling — that remains under seal — shut down Trump’s argument that Pence shouldn’t have to testify in front of the grand jury on the grounds of executive privilege. 

But he also granted Pence a partial victory, agreeing with his lawyer’s argument that the Constitution’s Speech or Debate clause does give the former vice president some limited protections.

Pence’s legal team have been arguing that the clause should make the former vice president exempt from providing records and testifying about communications or activity related to his role as president of the Senate because it is a legislative duty — including presiding over the certification of the election results on Jan. 6.

Boasberg’s ruling agreed that Pence can decline to answer questions related to his legislative actions on Jan. 6 but emphasized he is not immune from testifying on alleged illegal actions by the former president, according to sources familiar with the matter.

Pence has previously vowed to take the case to the Supreme Court if necessary, calling the subpoena “unconstitutional and unprecedented.” The former vice president can appeal the decision but so far it is unclear how Pence and his legal team will proceed.

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Notable Replies

  1. This will get appealed all the way to SCOTUS.

    We can guess how they will rule and we won’t hear the decision for another two years, while it wends its way through the court system with no apparent urgency.

  2. Seems to me that Pence got the partial victory that he wanted. Why would he take his victory to the S.C. or is it that DJT will take it to the S.C.?

  3. It will be interesting to see what he responds to and what he declines to answer, considering he wrote about a lot of it in a book already.

  4. I’d bet on TFG moving it to the Supreme court. I don’t know if he has standing, but he just might. Or certainly will try.

  5. Avatar for heart heart says:

    The desire to put juicy bits into books to goose sales has undone a number of these cowards.

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