Mike Pence will not appeal order to testify in Jan. 6 investigation

Former Vice President Mike Pence will not appeal an order from a federal judge calling him to testify before a Washington, D.C., grand jury in its investigation into former President Donald Trump.

Chief Judge James Boasberg, of the U.S. District Court in Washington, ruled last week that Pence does not have executive privilege, as alleged by the former president. He can thus be compelled to testify in the probe into Trump’s actions that allegedly precipitated the Jan. 6, 2021, Capitol riot.

On Tuesday, aides for Pence said he will not appeal the ruling, The New York Times reported.

“The Court’s landmark and historic ruling affirmed for the first time in history that the speech or debate clause extends to the vice president of the United States,” Devin O’Malley, an aide to Pence, said in a statement. “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.”

The latest development suggests special counsel Jack Smith will receive testimony under oath from Pence about his direct conversations with Trump that preceded the Capitol riot. Trump may yet attempt to appeal to block Pence from testifying, according to NBC News.

Smith first issued a subpoena to Pence in February, seeking to examine the highest-level official in Trump’s cabinet. Pence has previously argued that he was acting as a member of the legislative branch on Jan. 6, and his conversations are then protected under the speech and debate clause of the U.S. Constitution.

Smith will be allowed to question Pence on a certain list of topics, but the judge’s order rules that he may decline certain questions related to his actions on Jan. 6. A date has not been revealed for Pence’s testimony.