Former President Donald Trump has allegedly lodged an appeal against a judge’s order that requires his former vice president, Mike Pence, to testify in the special counsel probe investigating efforts to overturn the results of the 2020 presidential election.
This comes just days after an adviser said Pence would not appeal an order last month by Judge James Boasberg, the chief judge of the US District Court for Washington, DC, requiring Pence to testify in special counsel Jack Smith’s investigation of Trump.
“Vice President Mike Pence swore an oath to support and defend the Constitution, and his claim that the Biden special counsel’s unprecedented subpoena was unconstitutional under the speech or debate clause was an important one made to preserve the separation of powers outlined by our founders,” Pence adviser Devin O’Malley said in a statement last week, adding that “Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law.”
Grand Jury is investigating Trump’s role in January 6 riots
The grand jury is investigating Trump’s role in the January 6 Capitol attack and attempts to overturn the 2020 election, overseen by Special Counsel Jack Smith, whom US Attorney General Merrick Garland appointed.
Smith is also leading a second investigation into Trump’s retention of classified documents at his Mar-a-Lago estate in Florida after leaving office in January 2021 and whether he attempted to obstruct the Justice Department’s investigation.
Pence had initially contested a subpoena to testify, claiming that he was afforded some protections as president of the Senate while presiding over the joint session of Congress to certify the 2020 election on January 6.
“I can’t speak very much about it and matters that are before the grand jury today, but I can tell you that I’m very pleased that the federal judge agreed with our position that the Constitution’s Speech and Debate clause does extend protections to the vice president when I’m serving as president of the Senate,” Pence said.
Pence says he would be ‘forthcoming’ in his testimony
Boasberg’s ruling would allow Pence to decline certain lines of questioning about the January 6 events. However, Pence also indicated that he would be forthcoming, stating, “I have nothing to hide,” highlighting that he has previously spoken and written extensively about the events of that day.
Last month, Pence delivered his most forceful critique of Trump during his speech at the annual white-tie Gridiron Dinner in Washington, DC. “President Trump was wrong. I had no right to overturn the election, and his reckless words endangered my family and everyone at the Capitol that day, and I know that history will hold Donald Trump accountable,” he said.
As of now, there has been no immediate response from several of Trump’s attorneys regarding the appeal, according to Reuters.
Final briefs in the appeal are scheduled to be submitted by May 25, per the initial court schedule, which does not disclose the parties involved in the case.
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