Mike Pence Ordered to Testify About Trump's Conversations

Federal Judge Say Pence Must Testify in Jack Smith's Investigation into the 2020 Election

Washington D.C. Chief Judge James Boasberg, the top federal judge for the district court, has quickly dismissed former President Donald Trump's claim of executive privilege aimed at stopping former Vice President Mike Pence from testifying before a grand jury investigating attempts to reverse the 2020 election.

The judge also issued a decision that partly supported aspects of a separate legal dispute presented by Pence's lawyers, who maintained that Pence should be exempt from providing records or answering specific questions aligned with his responsibilities as Senate president supervising the formal election certification on January 6, 2021.

According to these sources, Judge Boasberg mandated that Pence must respond to Special Counsel Jack Smith's inquiries regarding any unlawful actions by Trump. Pence's legal team argued that such communications might violate the Speech and Debate Clause, which protects congressional officials from legal proceedings specifically related to their work. The special counsel's office declined to comment the press regarding the matter and spokespeople for Pence and Trump did not immediately respond.

A mere four days after the district court heard arguments from Pence's lawyers contesting the subpoena from Special Counsel Smith, Judge Boasberg issued his judgments. It remains unclear whether Trump or Pence's legal teams plan to appeal these decisions. Pence previously pledged to fight the subpoena all the way to the Supreme Court if necessary, recently telling Jonathan Karl, ABC's Chief Washington correspondent, "We're going to respect the decisions of the court, and that may take us to the highest court in the land."

Following months of discussions between federal prosecutors and Pence's legal team, a subpoena in February demanded that he provide documents and testimony related to Trump and his allies' unsuccessful endeavor to overturn the 2020 election.

Mike Pence’s conversations with former President Donald J. Trump could offer critical insight into Mr. Trump’s actions and statements following the 2020 election and leading up to the Jan. 6 attack on the Capitol. Mr. Pence’s political ambitions could be damaged, however, if his testimony reveals anything about his own actions or Mr. Trump’s during that period.