Donald Trump on Wednesday night lost his latest attempt to stop Mike Pence from testifying about their conversations in the aftermath of the 2020 election, including the Jan. 6 riot.
The decision was filed under seal by the D.C. Circuit Court of Appeals, however Reported by CNNmeans that Pence will now have to appear before the grand jury called by the special counsel, Jack Smith.
Smith was appointed by the Attorney General, Merrick Garland, in November to independently investigate attempts to prevent a post-election transfer of power.
Smith subpoenaed Pence, and the Trump team sued to prevent Pence from appearing.
Trump’s lawyers cited presidential privilege.
On Wednesday night, three appeals judges — Patricia Millett, Robert Wilkins and Greg Katsas — decided that Pence should testify.
Mike Pence, who was seen Wednesday night giving a speech in North Carolina, will have to testify before a grand jury looking into Donald Trump’s actions around the 2020 election, after an appeals court ruled against Trump’s attempt to block him.
Trump, pictured April 4, argued that his conversations with Pence were protected by executive privilege
Pence said Trump was wrong to try to recruit him to overturn the election, and the then vice president was inside the Capitol on Jan. 6 when he was attacked (pictured)
Pence himself has previously said he will abide by their ruling.
Trump may try to appeal again, even taking the case to the Supreme Court, but he has not taken this drastic step yet, with other similar positions.
Pence hinted that he would be forthright.
“I have nothing to hide,” the former vice president told reporters in Iowa.
He added, “I’ve written and spoken at length about that day.”
Pence said in his book that Trump called him “weak” for refusing to invalidate the election results.
In March, Pence spoke at the annual Gridiron Dinner in Washington, D.C. and delivered his strongest rebuke against Trump yet.
President Trump was wrong. “I had no right to overturn the election, and his reckless words endangered my family and everyone in the Capitol that day, knowing that history will judge Donald Trump,” Pence said.
Jack Smith was appointed Special Counsel in November and is investigating the events of January 6th
Smith is overseeing an investigation looking into the former president’s role in trying to overturn the presidential election and the January 6, 2021 U.S. Capitol attack.
Former President Donald Trump (left) has appealed a judge’s order requiring his former vice president, Mike Pence (right), to testify in the special counsel’s investigation into efforts to overturn the results of the 2020 presidential election. On Wednesday, his appeal was denied.
On Tuesday, Pence spoke at the Federal Assembly’s annual executive branch review conference, held just blocks from the White House at the Mayflower Hotel, and used his remarks to attack Biden.
On Wednesday, Pence was in North Carolina, addressing a rally at the University of North Carolina, Chapel Hill, and giving a speech titled: “Saving America from the Awakened Left.”
When asked if he would support Trump’s rally in 2024, Pence, who is considering his own campaign, said he would prefer someone else.
“It’s a free country, the former president has every right to seek a new position,” he said.
But, there may be someone I support more.
Different times require different leadership.