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.
The decision sets up a possible appearance by Pence in the coming weeks before a federal grand jury scrutinizing attempts by the former president and supporters before the riot at the Capitol on Jan. 6, 2021, to undo Democrat Joe Biden’s victory.
The strain could grow as Pence approaches a likely 2024 run for the presidency and a challenge to Trump, who already is in the race for the Republican nomination. U.S. District Judge James Boasberg did give Pence a win by accepting arguments from Pence’s lawyers that, for constitutional reasons, he could not be questioned about his actions on Jan. 6. They had argued that because Pence was serving in his capacity as president of the Senate that day, he was protected from being forced to testify under the Constitution’s “speech or debate” clause, which is intended to protect members of Congress from questioning about official legislative acts.
Pence has spoken extensively about Trump’s pressure campaign urging him to reject Biden’s victory in the days leading up to Jan. 6, including in his book, “So Help Me God.” Pence, as vice president, had a ceremonial role overseeing Congress’ counting of the Electoral College vote, but did not have the power to affect the results, despite Trump’s contention otherwise.
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