On Monday, Donald Trump appealed a federal judge’s ruling that former vice president Mike Pence must testify regarding conversations the two had leading up to January 6, 2021.

Trump will challenge Judge James Boasberg’s decision on the grounds of executive privilege. Last week, Pence decided he would not appeal the order himself, which was in part a victory for the former vice president. Boasberg said Pence could decline to answer questions related to his actions on January 6 itself, when Pence was acting in a legislative capacity as president of the Senate.

“The Court’s landmark and historic ruling affirmed for the first time in history that the speech-or-debate clause extends to the vice president of the United States,” a Pence spokesperson said. “Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law.”

Despite the victory for the novel legal route that the vice president took, the court’s decision appears to green-light most of the testimony, including what might normally be covered by executive privilege, sought by the Pelosi-led January 6 investigation.

Pence’s team has recognized that Trump could separately choose to appeal the executive-privilege ruling. The former vice president will comply with any decisions made on executive-privilege grounds, the Hill reported.

Thus far, Trump has not had success in his attempts to exert executive privilege to keep conversations with those around him confidential. Jack Smith, the special counsel in this case, is investigating the former president for alleged attempts to overturn the 2020 election and his handling of classified documents.

Over the past year, the grand jury in Washington has secured testimony from Trump White House counsels Pat Cipollone and Patrick Philbin following court decisions that Trump couldn’t stop them from answering. More recently, Trump lost his effort to shield other aides, including his former chief of staff Mark Meadows, from testifying. A district court judge ruled against Trump in late March in that case and an appeals court affirmed that ruling last week, on the same day Trump pleaded not guilty in a criminal case that the Manhattan DA has brought against him.

Pence could be called to testify in front of the grand jury as soon as next week.