Apr 27, 2023 - Politics & Policy

Trump loses appeal to stop Pence from testifying in Jan. 6 probe

Rebecca Falconer

Former President Donald Trump speaks about the Coronavirus response while flanked by Vice President Mike Pence during a briefing in the Roosevelt Room at the White House, on March 10, 2020 in Washington, DC. — Former Vice President Mike Pence and former President Trump in Washington, D.C., in 2020. Photo: Mark Wilson/Getty Images

Former President Trump's emergency application to block former Vice President Mike Pence from testifying before a grand jury investigating efforts to overturn the 2020 election was denied by an appeals court Wednesday.

Why it matters: Pence is considered a key witness in the case brought by special counsel Jack Smith due to his role as Trump's vice president, offering insights into events leading up to the U.S. Capitol riot and pressure to stop him in his key role in Congress certifying President Biden's election win.

The U.S. appeals court for the D.C. circuit's sealed ruling brings Pence closer to testifying after both the former vice president and Trump challenged Smith's subpoena.

The big picture: Pence initially argued in an appeal against the subpoena that under the U.S. Constitution's "speech or debate" clause lawmakers have immunity protections from testifying.

He agreed to testify after a federal judge in March ruled that he should do so, but he would be protected from answering certain questions under this clause.

What we're watching: The former president could appeal the decision by the Obama-appointed judges Robert Wilkins and Patricia Millett and the Trump-appointed Gregory Katsas to "the full D.C. Circuit or to the Supreme Court," the Wall Street Journal notes.

Representatives for Pence and Trump could not immediately be reached for comment.

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Trump loses appeal to stop Pence from testifying in Jan. 6 probe

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