Mike Pence, the ex-vice president, must testify before Dept. of Justice special counsel Jack Smith’s grand jury investigating the January 6, 2021 insurrection, a federal judge has ruled, rejecting his claims of executive privilege.
The judge is requiring Pence to answer questions about his conversations with Donald Trump leading up to the insurrection, and to answer any questions related to any possible illegal acts Donald Trump may have committed, according to ABC News’ senior investigative reporter Katherine Faulders and CNN’s Abby Phillip.
Judge James Boasberg, the chief judge for the U.S. District Court for the District of Columbia, “outright rejected Trump’s executive privilege challenge, but ruled more narrowly on Pence speech and debate challenge,” Faulders adds.
The judge, apparently citing Pence’s “speech and debate clause” claim, said “that Pence can still decline to answer questions related to his actions on January 6 itself, when he was serving as president of the Senate for the certification of the 2020 presidential election,” CNN reports.
NBC News reports Judge Boasberg “did, however, grant Pence a partial victory as to his argument that he was shielded from having to testify about Jan. 6 because of his constitutional role as part of the legislative branch.”
In what some legal experts dismissed as a faulty argument, “Pence’s legal team had argued that the Constitution’s ‘speech and debate’ clause should prevent special counsel Jack Smith’s prosecutors from eliciting any testimony about communications or activity related to Pence’s role as president of the Senate in presiding over the certification of the election results.”
Overall CNN calls it “another win for special counsel Jack Smith, who is investigating the Trump-aligned effort to subvert the 2020 election. Smith subpoenaed Pence for testimony and documents earlier this year.”
Pence can still appeal.
Watch MSNBC’s report below or at this link.
This is a breaking news and developing story.
This article has been updated to add video.