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Politico
POLITICO
28 Mar 2023
Kyle Cheney


NextImg:Judge says Pence must testify to Jan. 6 grand jury

A federal judge presiding over the special counsel investigation into Donald Trump’s attempt to subvert the 2020 election has largely rejected an effort by the ex-president to assert executive privilege over the testimony of his former vice president, Mike Pence, according to a person familiar with the ruling.

However, Chief U.S. District Judge James Boasberg agreed that Pence does enjoy a degree of immunity from testifying due to his role as president of the Senate on Jan. 6. It was not immediately clear whether that ruling is broad enough to satisfy Pence’s resistance to the subpoena — issued by special counsel Jack Smith — or whether he intends to appeal.

Pence has indicated he’s open to answering certain categories of questions related to Trump’s effort to overturn the 2020 election despite losing the race to Joe Biden. But he argued that the vice president’s unusual role — both a top member of the Executive Branch and President of the Senate — entitles him to immunity typically afforded to members of Congress.