The Justice Department has asked a federal judge to force Mike Pence to testify fully in front of a grand jury investigating former President Trump’s efforts to overturn the 2020 election.
Former Vice President Mike Pence appears at The New York Times DealBook Summit 2022, in Manhattan on Nov. 30, 2022.
The privilege disputes have been handled by Judge Beryl Howell, the chief federal judge in Washington, who oversees all of the district’s grand jury matters, which as a rule are conducted in secret. Howell is expected to step down from her position next month and be replaced by another chief judge.
But the special counsel’s motion to compel Pence’s testimony — reported earlier by CBS News — did not address his expected arguments about the “speech or debate” clause, the two people familiar with the matter said. Rather, it focused on the issue of executive privilege and advanced the proactive argument that Pence should not be permitted to avoid answering questions by invoking it on Trump’s behalf, the people said.
Not long after, Pat Cipollone and Patrick Philbin, the two top lawyers in Trump’s White House, tried a similar gambit. Again, the Justice Department prevailed, at least in part, and both men were made to answer questions in front of the grand jury.
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