Former Vice President Mike Pence will not contest a subpoena to testify for the special counsel investigation into former President Trump, his office announced late Wednesday.
Pence’s newfound willingness to testify could be bad news for Trump, as the former vice president was to play a key role in his efforts to overturn President Biden’s election win. Pence had initially rebuffed the subpoena as unconstitutional, arguing that the Constitution’s speech and debate clause prevented him from discussing aspects of Jan. 6, 2021.
Pence now has assurances that he will be shielded from such questions, and his office says he will no longer contest the subpoena himself.
“Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law,” spokesman Devin O’Malley said in a Wednesday statement.
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Chief U.S. District Court Judge James Boasberg ruled this week that Pence is correct in asserting that the speech and debate clause limits what prosecutors can ask of him.
The speech and debate clause protects U.S. lawmakers from being questioned regarding their speech and debate in both the House and Senate. Pence argued the clause protected him due to the vice president’s role as president of the Senate.
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The exact wording of Boasberg’s ruling remains sealed, but Pence’s camp is largely treating it as a victory. However, while Pence’s team will not appeal the decision, Trump’s team may still do so, contesting Boasberg’s rejection of the former president’s executive privilege argument.
Special Counsel Jack Smith, who filed the subpoena for Pence’s testimony, is looking into both documents and testimony related to the Jan. 6 riot at the Capitol, as well as Trump’s possible mishandling of classified documents after leaving office.
The special counsel investigation into Trump has taken a back seat in recent days as Trump was indicted and arraigned in New York City on felony business fraud charges. Trump surrendered to New York authorities earlier this week, making him the first former president in U.S. history to be arrested.
