Mike Pence won’t fight order to testify to Trump January 6 grand jury
- The former US vice-president will not appeal against the ruling, and will comply with the subpoena from the special counsel investigating Trump
- Pence had previously said it was up to Trump’s camp to decide if they would appeal over the judge’s order for his former VP to appear before the panel
Former US vice-president Mike Pence will not appeal a judge’s order to testify before a grand jury considering evidence in a special counsel’s probe into efforts by Donald Trump and his allies to overturn the 2020 presidential election, according to his spokesman Devin O’Malley.
Former president Trump could still appeal the part of the judge’s ruling that rejected his separate challenge to Pence’s testimony on executive privilege grounds, potentially delaying a date for Pence’s appearance at court.
In a statement on Wednesday, O’Malley wrote that Pence would no longer fight the subpoena for his testimony. The decision was reported earlier by The New York Times.
“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,” O’Malley wrote. “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 had challenged the subpoena from Special Counsel Jack Smith’s office, arguing that because of the unique role the vice-president plays in presiding over the Senate, he should be covered by a legal privilege that protects members of the legislative branch against being forced to testify.