Pence agrees to testify about Trump in federal special counsel investigation, with certain limits

Former Vice President Mike Pence will not appeal a federal judge's ruling that he must testify before a federal grand jury investigating former President Donald Trump's efforts to stay in office despite losing the 2020 election, a Pence spokesman said Wednesday. That means Pence will likely testify under oath in the coming weeks, potentially providing Special Counsel Jack Smith's investigators crucial information about Trump's actions and mindset leading up to the Jan. 6, 2021, siege of the Capitol, while Pence was overseeing the congressional certification of President Biden's electoral victory.
Pence will not, however, be compelled to testify about his actions on Jan. 6 as they pertain to his ceremonial role as president of the Senate. U.S. District Judge James Boasberg ruled last week that, as Pence's team had argued, vice presidents do have some congressional immunity from being questioned under the Constitution's "speech and debate" clause, due to their role as Senate president. "He must still testify about any illegal acts by Trump," CBS News notes.
"Pence allies say Baosberg's decision was narrower than they preferred — opening Pence up to questions about his legislative duties they had hoped would be shielded — but they have largely treated it as a victory on the principle Pence set out to defend," Politico reports.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"Having vindicated that principle of the Constitution," Pence spokesman Devin O'Malley said in a statement, "Vice President Pence will not appeal the judge's ruling and will comply with the subpoena as required by law."
Trump's team had objected to Pence's testimony on different grounds, arguing their discussions were projected by executive privilege. Boasberg rejected that argument last week. "Trump and his team could still appeal the ruling, but they have lost similar cases previously," The Associated Press reports.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
May 31 editorial cartoons
Cartoons Saturday's political cartoons include how much to pay for a pardon, medical advice from a brain worm, and a simple solution to the national debt.
-
5 costly cartoons about the national debt
Cartoons Political cartoonists take on the USA's financial hole, rare bipartisan agreement, and Donald Trump and Mike Johnson.
-
Green goddess salad recipe
The Week Recommends Avocado can be the creamy star of the show in this fresh, sharp salad
-
White House tackles fake citations in MAHA report
speed read A federal government public health report spearheaded by Robert F. Kennedy Jr. was rife with false citations
-
Judge blocks push to bar Harvard foreign students
speed read Judge Allison Burroughs sided with Harvard against the Trump administration's attempt to block the admittance of international students
-
Trump's trade war whipsawed by court rulings
Speed Read A series of court rulings over Trump's tariffs renders the future of US trade policy uncertain
-
What's next for Elon Musk?
Today's Big Question The world's richest man has become 'disillusioned' with politics – but returning to his tech empire presents its own challenges
-
Trump's super-charged pardon push raises eyebrows and concerns
IN THE SPOTLIGHT Never shy about using his pardon ability for political leverage, Trump's spate of amnesty announcements suggests the White House is taking things to a new level
-
Elon Musk departs Trump administration
speed read The former DOGE head says he is ending his government work to spend more time on his companies
-
Trump taps ex-personal lawyer for appeals court
speed read The president has nominated Emil Bove, his former criminal defense lawyer, to be a federal judge
-
US trade court nullifies Trump's biggest tariffs
speed read The US Court of International Trade says Trump exceeded his authority in imposing global tariffs