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The Week

Judge rules Mike Pence must testify in Trump Jan. 6 probe

Catherine Garcia, Night editor
1 min read
Mike Pence.
Mike Pence. Roy Rochlin/Getty Images

Former Vice President Mike Pence has been ordered by a federal judge to testify before a grand jury investigating former President Donald Trump's efforts to overturn the 2020 election, people familiar with the matter told The New York Times, NBC News, and CNN.

On Jan. 6, 2021, Pence, in a ceremonial role, presided over the congressional certification of the 2020 election results. In the weeks leading up to Jan. 6, Trump urged Pence to block or delay the certification. Pence aides described this pressure campaign during testimony before the House select committee that investigated the Capitol riot, and Jack Smith, the special counsel overseeing two Justice Department investigations involving Trump, issued a subpoena for Pence's own testimony and documents in February.

After receiving the subpoena, Pence said he would fight it because "no vice president has ever been subject to testify about the president with whom they served." Trump's lawyers also wanted to keep him from testifying, arguing he could not discuss some matters due to executive privilege.

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