Former Vice President Mike Pence is going to testify before a federal grand jury in Washington D.C., where a probe into former President Donald Trump’s alleged bid to stay in office after the results of the 2020 presidential election were announced is ongoing.
A spokesperson for Pence confirmed on Wednesday that the former vice president would not appeal a court ruling that upheld a subpoena issued by Special Counsel Jack Smith, WFAA reported.
As previously reported in The Dallas Express, Smith is investigating whether Trump took any illegal actions that may have contributed to some of the events that transpired on January 6, 2021, at the Capitol.
The decision comes on the heels of Trump’s recent indictment in a separate grand jury investigation in New York, as previously reported in The Dallas Express.
Pence’s testimony to the grand jury will be limited, however, as the former vice president’s attorneys successfully argued before a judge that the dual nature of the vice presidency (in part both an executive position and a legislative one) meant that the Speech or Debate Clause of the Constitution applies to his legislative function on January 6, when he presided over the counting of electoral college votes.
The clause shields lawmakers from criminal inquiries having to do with their official responsibilities. Hence, he is shielded from testifying about his role that day, Politico reported.
For his part, Trump’s legal team tried to block the subpoena on the basis of executive privilege, but their arguments were dismissed by a federal judge in Washington D.C. last week, according to AP News.
Pence claimed in his book, “So Help Me God,” that former President Trump had tried to pressure him to reject President Joe Biden’s victory in the electoral college even though he maintained he did not possess the legal authority to do so, WFAA reported.
It is currently unclear when Pence will appear before the grand jury, and former President Trump could choose to file another appeal to block his testimony.