Pence Hints He May Not Fight Order To Testify Against Trump In DOJ Jan 6 Probe

NEW YORK, NEW YORK - NOVEMBER 16: Former Vice President Mike Pence visits "Fox & Friends" at Fox News Channel studios on November 16, 2022 in New York City. (Photo by John Lamparski/Getty Images)
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Former Vice President Mike Pence hinted on Wednesday that he may stop fighting a subpoena for his testimony in special counsel Jack Smith’s investigation into former President Donald Trump’s efforts to overturn the 2020 election. 

“I have nothing to hide. I have written and spoken extensively about that day,” Pence said during a visit to Iowa. “At the end of the day, we’ll obey the law.”

Pence’s remarks come just a day after a federal judge for the D.C. district court ruled that Pence must comply with a subpoena and testify before the federal grand jury. It was unclear yesterday whether Pence, who may run for president in 2024, planned to appeal the decision.

D.C. Chief Judge James Boasberg’s ruling — that remains under seal — shut down Trump’s argument that Pence shouldn’t have to testify on the grounds of executive privilege, emphasizing he is not immune from testifying on alleged illegal actions by the former president.

But Judge Boasberg 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. Boasberg’s ruling 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.

“Now, for the first time ever, a federal court has recognized that these protections extend to a vice president,” Pence added in Iowa.

Pence has previously vowed to take his legal fight to the Supreme Court if necessary, calling the subpoena “unconstitutional and unprecedented.” 

So far it is unclear how Pence and his legal team will proceed.

“We are currently talking to our counsel about the balance of that decision and determining a way forward,” he said. 

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