(LibertySociety.com) – Nearly two months after former Vice President Mike Pence vowed to fight the subpoena issued by Special Counsel Jack Smith, who is investigating former President Donald J. Trump, a judge has determined that he must testify to the grand jury. In January, former Vice President Pence maintained that he should not have to testify because, on the day in question, he was performing his duties as President of the Senate. He claimed that requiring him to testify would violate the Speech and Debate Clause of the U.S. Constitution. The judge who made the ruling partially agreed with former VP Pence, allowing him certain immunities during his testimony.
While the order from the judge is still under seal, the former vice president previously stated that he would appeal any order requiring his testimony, but his team has signaled that they have not decided as to whether they will appeal the ruling just yet. Special Counsel Smith is also investigating the alleged mishandling of classified documents by former President Trump after materials were discovered during an FBI raid of his Florida residence. Former VP Pence also turned over classified documents that his team found at his residence, resulting in a scheduled search from the FBI. It is unclear what type of information the special counsel is seeking from the former vice president.
Former President Trump previously defended the former vice president, stating that “He never did anything knowingly dishonest in his life,” urging the DOJ to back off. The former president also offered a defense of executive privilege to be used to fight the subpoena, but his legal team decided to go with the unconstitutionality of it. The judge who ordered him to testify addressed the issue of executive privilege anyways, determining that he was not entitled to make that claim. There has been buzz in the media about the possibility of former Vice President Pence running for the oval office, but he hasn’t made any announcements at this point.
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