Donald Trump on Wednesday night lost his last-ditch attempt to block Mike Pence from testifying about their conversations in the aftermath of the 2020 election, including around the January 6 riot.
The decision, filed under seal by the DC Circuit Court of Appeals, but reported by CNN, means that Pence will now have to appear before the grand jury convened by the special counsel, Jack Smith.
Smith was appointed by the Attorney General, Merrick Garland, in November to independently investigate attempts to block the transfer of power after the election.
Smith subpoenaed Pence, and Trump’s team sued to block Pence from appearing.
Trump’s lawyers cited presidential privilege.
On Wednesday night three appeal judges – Patricia Millett, Robert Wilkins and Greg Katsas – ruled that Pence must testify.
Mike Pence, seen on Wednesday night delivering a speech in North Carolina, will have to testify before a grand jury looking at Donald Trump’s actions around the 2020 election, after an appeals court ruled against Trump’s bid to block him
Trump, pictured on April 4, argued that his conversations with Pence were protected by executive privilege
Pence has said that Trump was wrong to try and enlist him to overturn the election, and the then-vice president was inside the Capitol on January 6 when it came under attack (pictured)
Pence himself has already said that he will abide by their ruling.
Trump could try to appeal again, even taking the issue to the Supreme Court, but he has not taken that drastic step so far, with other similar situations.
Pence has hinted he would be forthright.
‘I have nothing to hide,’ the former vice president told reporters in Iowa.
‘I’ve written and spoken extensively about that day,’ he added.
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In his book, Pence said Trump called him a ‘wimp’ for refusing to overturn the election results.
In March, Pence spoke at the annual white-tie Gridiron Dinner in Washington, D.C. and offered 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 at the Capitol that day, and I know that history will hold Donald Trump accountable,’ Pence said.
Jack Smith was appointed special counsel in November and is probing the events of January 6
Smith is overseeing a probe looking at the former president’s role in attempting to overturn the presidential election and the U.S. Capitol attack on January 6, 2021
Former President Donald Trump (left)appealed a judge’s order requiring his former vice president, Mike Pence (right), to testify in the special counsel probe into efforts to overturn the results of the 2020 presidential election. On Wednesday his appeal was denied
On Tuesday, Pence spoke at the Federalist Society’s annual Executive Branch Review Conference, held at 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 gathering at the University of North Carolina, Chapel Hill, and delivering a speech entitled: ‘Saving America From the Woke Left’.
Asked if he would support Trump’s 2024 run, Pence, who is mulling his own campaign, said he would prefer someone else.
‘It’s a free country, the former president has every right to seek office again,’ he said.
‘But, there might be somebody out there that I support more.
‘Different times call for different leadership.’
