Former Vice President Mike Pence will not appeal order compelling grand jury testimony

Washington: According to a spokeswoman for Mike Pence, the former vice president will not appeal a judge’s order ordering him to testify in the Justice Department’s investigation into Donald Trump and his supporters’ efforts to change the results of the 2020 election.

The ruling sets up a probable appearance by Pence in the following weeks before a federal grand jury investigating attempts by the former president and supporters to overturn Democrat Joseph Biden’s election before the violence at the Capitol on 6 January 2021.

Numerous Trump administration officials have testified in that probe, as well as in a separate investigation into Trump’s possession of sensitive papers, but Pence would be the most high-profile witness to face a grand jury. His closed-door testimony might provide investigators with a firsthand description of Trump’s mental condition in the crucial weeks following his loss to Biden, exposing the schism in their relationship that has existed since the end of their presidency.

The tensions might rise as Pence prepares to run for president in 2024 and take on Trump, who is already vying for the GOP candidature.

As the Justice Department’s special counsel subpoenaed Pence months ago, Trump’s attorneys protested on the basis of presidential privilege. Yet, this week, a federal court in Washington dismissed those arguments, requiring Pence to appear.

Pence did win, however, when US District Judge James Boasberg accepted Pence’s lawyers’ claims that, for constitutional reasons, he could not be questioned about his conduct on 6 January. They maintained that because Pence was functioning as Senate President that day, he was immune from being required to testify under the Constitution’s “speech or debate” provision, which protects members of Congress from being questioned about official legislative proceedings.

“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,” Pence spokesman Devin O’Malley said in a statement Wednesday.

The Trump team could still appeal the executive privilege ruling from Boasberg.

The 6 January and classified records investigations are being led by Jack Smith, a former war crimes prosecutor who was named by the Justice Department in November to serve as special counsel. It is not clear when the investigations might end or whether anyone will be charged.

Pence has spoken extensively about Trump’s pressure campaign urging him to reject Biden’s victory in the days leading up to 6 January, including in his book, “So Help Me God.” Pence, as vice president, had a ceremonial role overseeing Congress’ counting of the Electoral College vote, but did not have the power to affect the results, despite Trump’s contention otherwise.

Pence has said that Trump endangered his family and everyone else who was at the Capitol that day and history will hold him “accountable.”

“For four years, we had a close working relationship. It did not end well,” Pence wrote, summing up their time in the White House.

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