US Capitol Riot: Mike Pence Must Testify, But There's a Catch

US Capitol Riot: Mike Pence Must Testify, But There's a Catch
A US judge has ordered former vice president Mike Pence to testify about his contacts with Donald Trump leading up to the Jan.6 Capitol riot. Dia Dipasupil/Getty Images
  • A federal court ruled that former vice president Mike Pence must testify before a grand jury
  • Pence is not likely to be asked about his activities during the Jan. 6 Capitol riot
  • Trump's attorneys sought to prevent Pence from testifying, invoking executive privilege

According to numerous individuals who know of a recent federal court ruling, a federal judge ordered former Vice President Mike Pence to testify before a grand jury about his conversations with Donald Trump before Jan. 6, 2021.

One of the sources claimed that the court stated in a judgment that remains under seal that Pence can still refuse to answer questions regarding his activities on Jan. 6, when he was serving as Senate president for the certification of the 2020 presidential election.

Mike Pence Testimony

The unprecedented finding by top judge James Boasberg of the US District Court in Washington, DC, adds to more than a dozen victories for special counsel Jack Smith in compelling witnesses to appear before the grand jury. The opinion also dives into vice presidential powers and separation of powers. Pence retains the right to appeal, as per CNN.

In an interview with Newsmax's Greta Van Susteren on Tuesday, the former vice president said his team is "considering the court's judgment" and that "the requirements of my testimony going forward are a topic of our analysis right now, and I'll have more to say in the coming days."

Trump and his supporters exerted intense pressure on Pence before the vote to certify Joe Biden as the winner of the 2020 presidential elections. As Senate president, Pence was responsible for presiding over the certification process.

In the days preceding the uprising, Trump's contacts with Pence have greatly interested those investigating the attack. When Pence declined to testify before the House committee that probed the uprising on Jan. 6, sources in Trump's inner circle told the committee about a furious phone call in which Trump insulted his vice president on the day of the attack.

Jan. 6 Capitol Riot Investigation

Per USA Today, the special counsel established to examine Trump's efforts to overturn the 2020 election subpoenaed Pence. The former vice president said he would contest the subpoena, describing it as "unconstitutional" and "unprecedented."

Trump also attempted to prevent Pence from appearing, with his attorneys citing executive privilege in a sealed filing - a tactic he previously employed to prevent critical witnesses from testifying before the House committee investigating the attack on the Capitol.

According to the source, the judge's ruling requires Trump's former vice president and prospective rival for the Republican presidential nomination in 2024 to go before the federal grand jury. Still, it prevents him from testifying on the events of Jan. 6, 2021.

When asked in an interview on Tuesday if he would appeal the ruling, Pence stated that he had little to say about the proceedings. A source told Reuters in February that Pence was planning to reject a grand jury subpoena to get his testimony.

Before the events on Jan. 6, Trump had publicly and privately criticized Pence for failing to prevent Congress from recognizing Biden's 2020 victory; sources told Reuters at the time.

Special Prosecutor Jack Smith, who is conducting the US Department of Justice's investigation into Trump and his associates' alleged efforts to overturn his 2020 election defeat, could not be reached for comment immediately.

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