Topline
A federal judge has ordered former Vice President Mike Pence to testify before the D.C. grand jury investigating the January 6 attack on the Capitol, where he will face questions about private conversations he had with former President Donald Trump, according to multiple reports, delivering the latest legal blow to the ex-president as criminal investigations zero in on him.
Then-President Donald Trump listens as then-Vice president Mike Pence answers questions in the Rose … [+]
Key Facts
Judge James Boasberg ruled under seal that Pence must give answers regarding any illegal acts on Trump’s part leading up to January 6, according to ABC News, which cited multiple unnamed sources, though CNN reported he will not have to answer any questions about his actions on January 6 itself.
The judge rejected a claim from former President Donald Trump’s attorneys that Pence’s didn’t have to testify due to executive privilege, according to ABC News, but partially upheld an argument from Pence’s lawyers saying his testimony could be shielded by the Constitution’s Speech and Debate Clause, which protects lawmakers from discussing certain legislative actions.
The ruling came after Boasberg reportedly held a hearing involving federal prosecutors and attorneys for Pence and Trump on Thursday.
Pence’s attorney, Emmet T. Flood, did not immediately respond to requests for comment from Forbes—it is unclear if they intend to appeal.
A Trump spokesman blasted what he called the judge’s decision to reject “Constitutionally based standards of attorney-client privilege and executive privilege,” in a statement, asserting the probe is politically motivated.
Key Background
The decision is the latest in a string of legal losses for Trump as he tries to fend off a pair of federal criminal probes led by Department of Justice special counsel Jack Smith. Evan Corcoran—Trump’s personal attorney—testified before a separate D.C. grand jury last week investigating Trump’s alleged mishandling of classified documents, while a federal judge also recently rejected executive privilege claims involving former top Trump aides like Mark Meadows, Stephen Miller and John Ratcliffe in the January 6 probe. Pence was a key figure in the events of January 6, when he presided over the ceremonial certification of the 2020 election results and resisted calls from Trump to somehow negate President Joe Biden’s win in the election. Pence has openly blasted Trump’s behavior on January 6, saying he “endangered my family,” but he has also increasingly criticized investigations into the January 6 riot as he gears up for a potential 2024 Republican presidential campaign against Trump.
What To Watch For
Trump’s most immediate legal concern is in Manhattan, where a grand jury appears to be wrapping up a years-long investigation into Trump’s role in an apparent $130,000 hush money payment made to porn star Stormy Daniels in 2016 to keep her from publicizing an alleged affair she had with Trump—which Trump has denied. The grand jury is expected to vote on whether to indict Trump in the coming days or weeks.
Further Reading
Key Trump Attorney Testifying In Mar-A-Lago Case Friday—Here’s Why It Could Be A Big Deal (Forbes)
Mike Pence Says He Will Not Testify Before Jan. 6 Committee In New Interview (Forbes)
Trump Launches 2024 Presidential Bid (Forbes)
Breaking Down The Case Against Trump: New York Prosecutors Must Prove Complex Legal Theory—And It Could Be Risky (Forbes)
Source: https://www.forbes.com/sites/nicholasreimann/2023/03/28/pence-ordered-to-testify-about-trump-conversations-before-jan-6-grand-jury-reports-say/