1 of 3 | A federal judge has reportedly ordered former Vice President Mike Pence to testify about his conversations with former President Donald Trump about overturning the 2020 presidential election. File Photo by Saul Loeb/UPI |
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March 29 (UPI) -- A D.C.-based federal judge has ordered former Vice President Mike Pence to testify in front of a grand jury about conversations he had with ex-President Donald Trump about overturning the 2020 election.
The ruling, issued Monday, was under seal as it is related to grand jury matters, but CBS News, CNN and NBC News quoted sources in saying that the judge sided with a subpoena issued by Justice Department special counsel Jack Smith compelling Pence to testify about his talks with Trump about his action over the election results confirming Joe Biden won the presidency.
Pence, though, has said he is protected from testifying under the "speech or debate" clause in the U.S. Constitution. Trump also has cited executive privilege rules in his opposition to Pence talking with a grand jury.
Chief Judge James Boasberg, of the U.S. District Court in Washington, ruled that Trump's claims of executive privilege didn't apply to Pence's testimony, CBS News reported. Pence can still refuse to answer questions about his actions on Jan. 6, 2021, while serving as the Senate president during the Electoral College certification when the U.S. Capitol was attacked by Trump supporters but must testify about his conversations with Trump, CNN reported.
Pence told Newsmax Tuesday that he and his attorneys were "evaluating the court's decision" but was "pleased" the judge recognized the speech and debate clause.
A spokesman for Trump told NBC News that there was "no factual or legal basis or substance to any case against" the former president.
"The DOJ is continuously stepping far outside the standard norms in attempting to destroy the long-accepted, long-held, constitutionally based standards of attorney-client privilege and executive privilege," he said.
Attorney General Merrick Garland appointed Smith in November to investigate what led to the Jan. 6 attack. Pence vowed to fight the subpoena when it was issued last month.
Smith and Pence negotiated for months about testifying before he issued the subpoena. While Pence threatened in February to take his objections to the subpoena to the U.S. Supreme Court, it was not clear yet if he has taken a step to appeal the judge's ruling.
