On Monday (March 27), the U.S. District Court for the District of Columbia’s Chief Judge James Boasberg ordered former Vice President Mike Pence to comply with a Department of Justice subpoena in the investigation into the January 6 insurrection.
According to the ruling, Pence would have to testify before a grand jury tied to the Probe led by Special Counsel Jack Smith, who Attorney General Merrick Garland appointed in November.
The ruling is still under seal as it involves a grand jury investigation.
Monday’s ruling also acknowledged Pence’s argument that the “speech or debate” clause in the Constitution, which shields lawmakers from being compelled to discuss legislative activity, protected Pence from having to testify about January 6 because of his role in the legislative branch at the time of the insurrection.
Boasberg agreed that although Pence had some immunity from testifying, that immunity was limited and didn’t protect Pence from testifying about conversations regarding the alleged “illegality” of Trump’s involvement in the insurrection.
Trump’s Legal team had also made objections to Pence testifying as a part of a wholesale objection to Smith’s subpoenas. The former President’s legal team argued that individuals should not be required to testify because of executive privilege.
Boasberg rejected that argument.
Smith issued the subpoena last month, prompting Pence to announce he would be fighting it, stating that “no vice president has ever been subject to a Subpoena” that would require them to testify regarding the President they served alongside.
Earlier in the month, Pence also told ABC News that he was willing to take the subpoena fight all the way to the Supreme Court if necessary.
