Federal Judge Rules That Mike Pence Must Testify in January 6 Probe

  • A federal judge ruled that Pence must provide testimony in the federal investigation into January 6.
  • Pence had sought to block the special counsel’s subpoena.
  • A federal grand jury is investigating Trump’s efforts to overturn the 2020 election and his role in January 6.

A federal judge has ordered former Vice President Mike Pence to testify before a grand jury investigating former President Donald Trump’s efforts to overturn the 2020 election and his role in the January 6, 2021, Capitol riot, according to multiple news reports.

In a sealed ruling handed down on Monday, US District Judge James Boasberg dismissed Trump’s attempts to prevent Pence from appearing before the grand jury, rejecting his legal team’s claims of executive privilege, or the president’s right to keep communications confidential. 

Yet Boasberg, the chief judge of the federal district court in Washington, DC, decided that Pence can refuse to answer some questions related to his actions presiding over Congress’ joint session to certify the 2020 election results on January 6. 

The judge’s order delivers the latest blow to Trump and win to US special counsel Jack Smith, who’s been overseeing the investigation since Attorney General Merrick Garland appointed him in November.

Smith had subpoenaed Pence for testimony and documents related to the investigation in February. Both Pence and Trump had sought to block it, with the former vice president arguing that since he was acting as president of the Senate on January 6, he was protected by the “speech and debate clause,” which shields Congress members from providing testimony about their work. 

This story is developing. Please check back for updates.