A three-judge federal appeals court shot down former President Donald Trump’s efforts Wednesday evening to stop former Vice President Mike Pence from testifying in Special Counsel Jack Smith’s investigation into the Jan. 6 Capitol riot, according to Politico.
Federal Judge James Boasberg ruled in March that Pence must testify despite his counsel’s constitutional protection argument and Trump’s pushback, calling on the appeals court to block the decision, according to Politico. The D.C. Circuit Court of Appeals denied Trump’s attempt to challenge Pence’s subpoena, requiring the former vice president to testify before a grand jury in Smith’s probe.
Trump previously argued that Pence should be protected from testifying due to executive privilege, and the former vice president’s counsel cited the Constitution’s speech and debate clause, which protects members of the Legislature from engaging with legal issues related to their role, Politico reported.
Pence’s lawyers argued that his position as the head of the Senate barred him from the subpoena, and that he could not speak to his congressional duties on Jan. 6, as that would be a violation of the separation of powers.
WASHINGTON, DC – APRIL 25: Former U.S. Vice President Mike Pence speaks during the Federalist Society’s Executive Branch Review Conference at The Mayflower Hotel April 25, 2023 in Washington, DC. Pence spoke about a range of issues, including his time as Vice President during the Trump administration.
Smith subpoenaed Pence in February, along with several other former Trump officials, and requested documents and testimony regarding the conversations he had with the former president on and leading up to Jan. 6 to further his investigation into Trump’s involvement with the riots. (RELATED: Mike Pence Must Testify In Jan. 6 Special Counsel Investigation, Judge Rules)
Trump could appeal the D.C. Circuit Court’s decision to the Supreme Court or to a full bench as opposed to the three-judge panel in the circuit court, but it is not clear if he intends to do so, according to Politico.
Neither Trump nor Pence immediately responded to the Daily Caller News Foundation’s requests for comment.
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