Former Vice President Pence Won't Appeal Subpoena For His Testimony In Special Counsel Probe

Former Vice President Mike Pence won't appeal a ruling requiring him to testify before a grand jury as a part of the special counsel investigation into the Jan. 6, 2021 assault on the Capitol, a Pence aide confirmed Wednesday. 

A federal judge ruled last week that the former vice president is required to provide testimony about any involvement former President Trump had in efforts to alter the 2020 election. Special counsel Jack Smith, who is overseeing the Justice Department's investigation into efforts to stop the transfer of presidential power after the 2020 election, issued a subpoena for Pence's testimony before the grand jury in February. 

Pence had initially vowed to resist the subpoena, arguing he's protected from questioning under the Constitution's "speech or debate" clause. 

Although the court is requiring him to testify, D.C. District Chief Judge James Boasberg also ruled that the speech or debate clause in part protects Pence from providing testimony, specifically on congressional matters related to his role as president of the Senate on Jan. 6, 2021. He must still testify about any illegal acts by Trump.

Boasberg denied Trump's separate claims against Pence's testimony, based on executive privilege concerns, and issued a ruling under seal that compelled Pence to answer investigators' specific questions. Trump's team is still able to appeal that ruling.

Pence's spokesperson noted the court's decision to shield him from some testimony because of the clause, and said that he would not file an appeal.

"Vice President Mike Pence swore an oath to support and defend the Constitution, and his claim that the Biden special counsel's unprecedented subpoena was unconstitutional under the Speech or Debate Clause was an important one made to preserve the Separation of Powers outlined by our Founders. In the Court's decision, that principle prevailed," Pence spokesperson Devin O'Malley said in a statement to CBS News Wednesday. "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. 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's team believes the court's decision was too narrowly applied, but the former vice president noted he had challenged the subpoena because he viewed it as unconstitutional, and the court had addressed that concern. 

The "speech or debate" provision states that members of the legislative branch "shall not be questioned in any other place" for "any speech or debate" in either chamber, and Pence had argued that this provision applied to him because he was the president of the Senate while he was vice president. 

Melissa Quinn contributed to this report. 

First published on April 5, 2023 / 4:30 PM

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