Former vice president Mike Pence appeared before a grand jury that has been investigating the so-called Jan. 6 “riot” at the Capitol and alleged efforts to overturn the results of the 2020 election, according to a person familiar with his apperance who spoke on the condition of anonymity to discuss the matter.
Pence appeared at the E. Barrett Prettyman federal courthouse after a U.S. appeals court Wednesday night rejected Trump’s attempt to block his former vice president from answering questions under oath about any potentially illegal acts committed by Trump. Trump has sought to overturn a lower court’s ruling, disclosed March 28, requiring Pence’s testimony, but a three-judge panel refused to postpone Pence’s appearance while Trump’s executive privilege claim goes forward.
Pence received a subpoena in early February from special counsel Jack Smith, according to a person familiar with the matter, requesting documents and testimony related to efforts by Trump to prevent his vice president from presiding over Congress’s confirmation of the 2020 electoral vote before a violent mob stormed the Capitol on Jan. 6, 2021. The subpoena followed months of negotiations over prosecutors’ pursuit of information about Trump’s role in failed efforts to pressure Pence, the Justice Department and officials in key swing states to overturn the election, including attempts by Trump’s lawyers to substitute allies for certified electors from some states Joe Biden won.
Pence’s legal team had discussed potentially limited cooperation, arguing that while acting as president of the Senate during his time in office, he is entitled to congressional immunity under the Constitution’s “speech or debate clause,” and cannot be compelled to testify about matters related to his presiding over Congress.
However, Pence has said publicly that he is not asserting executive privilege, which could span other discussions including his conversations with Trump and other top White House advisers, and matters not directly related to his constitutionally mandated Senate role.
Attorneys for Trump challenged the Pence subpoena on executive privilege grounds to preserve the confidentiality of presidential decision-making. But after hearing from attorneys for Trump, Pence and the special counsel’s office at a closed-door proceedings held March 23, Chief U.S. District Judge James E. Boasberg said the former vice president could be compelled to testify about any potentially illegal acts committed by the former president, said people familiar with the process, speaking on the condition of anonymity because of grand jury secrecy rules that generally apply to all but witnesses.
