Former Vice President Mike Pence speaks at the National Review Ideas Summit on March 31, in Washington. Pence won't appeal order to testify in Justice Department's Jan. 6 probe, according to his spokesman.Alex Brandon/The Associated Press
Former Vice President Mike Pence will not appeal a judge’s order compelling him to testify in the Justice Department’s investigation into efforts to overturn the results of the 2020 election, a spokesman said Wednesday.
The decision sets the stage for a possible appearance by Pence in the coming weeks before a federal grand jury.
Pence was subpoenaed months ago by the special counsel investigating attempts by former President Donald Trump and his allies to undo the election results before the riot at the Capitol on Jan. 6, 2021.
Lawyers for Trump objected to the subpoena on executive privilege grounds, but a federal judge in Washington last week rejected those arguments, forcing Pence to testify. U.S. District Court Judge James Boasberg did give Pence a win by accepting arguments by Pence’s lawyers that, for constitutional reasons, he could not be questioned about his actions on Jan. 6.