A federal judge has ordered former vice president Mike Pence to testify in the federal probe of Donald Trump’s bid to subvert the 2020 election, according to a person familiar with the ruling.
Judge James Boasberg largely rejected an effort by the former president to assert executive privilege over Pence’s testimony, the person said. But Boasberg, the chief judge of the federal district court in Washington, agreed, at least in part, with Pence’s legal team that the former vice president enjoys immunity from testifying about certain topics due to his role as president of the Senate on Jan. 6, 2021.
It was not immediately clear whether Boasberg’s ruling, which remains under seal, is broad enough to satisfy Pence’s public resistance to the subpoena — issued by special counsel Jack Smith — or whether he intends to appeal.
Pence has indicated he’s open to answering certain categories of questions related to Trump’s effort to overturn the 2020 election despite losing the race to Joe Biden. But he has argued that the vice president’s unusual role — both a top member of the executive branch and president of the Senate — entitles him to immunity typically afforded to members of Congress. He has indicated he’s willing to take the fight to the Supreme Court if he doesn’t like the outcome.
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