Donald Trump lost his last-ditch effort Wednesday night to stop Mike Pence from testifying about their talks in the aftermath of the 2020 election, including around the January 6 riots.
The decision, filed by the DC Circuit Court of Appeals, sealed, but reported CNNmeans Pence must now appear before the grand jury convened by special counsel, Jack Smith.
Smith was appointed in November by Attorney General Merrick Garland to conduct an independent investigation into efforts to block the post-election transfer of power.
Smith subpoenaed Pence and Trump’s team sued to block Pence.
Trump’s lawyers cited presidential privileges.
On Wednesday night, three appellate judges — Patricia Millett, Robert Wilkins and Greg Katsas — ruled that Pence should testify.
Mike Pence, who gave a speech in North Carolina on Wednesday night, 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
Photographed on April 4, Trump argued that his conversations with Pence were protected by executive privilege
Pence has said Trump was wrong when he tried to enlist him to overturn the election, and the then vice president was at the Capitol on Jan. 6 when it was attacked (pictured)
Pence himself has already said he will abide by their ruling.
Trump could appeal again and even take the case to the Supreme Court, but so far he hasn’t taken that drastic step, with other similar situations.
Pence has hinted that he would be forthright.
“I have nothing to hide,” the former vice president told reporters in Iowa.
“I have written and spoken extensively about that day,” he added.
In his book, Pence said Trump called him a “wimp” for refusing to reverse the election results.
In March, Pence spoke at the annual white-tie Gridiron Dinner in Washington, D.C., delivering his strongest rebuke to Trump to date.
President Trump was wrong. I had no right to overturn the election, and his reckless words endangered my family and everyone in the Capitol that day, and I know history will hold Donald Trump accountable,” Pence said.
Jack Smith was appointed special prosecutor in November and is investigating the January 6 events
Smith is overseeing an investigation into the former president’s role in efforts to overturn the presidential election and the January 6, 2021 attack on the US Capitol.
Former President Donald Trump (left) appealed a judge’s order requiring his former Vice President, Mike Pence (right), to testify in the special counsel’s investigation into efforts to change the results of the 2020 presidential election to undo. His appeal was rejected on Wednesday
On Tuesday, Pence spoke at the Federalist Society’s annual Executive Branch Review Conference, held just steps 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 gave a speech titled, “Saving America From the Woke Left.”
Asked if he would support Trump’s campaign in 2024, Pence, who is considering his own campaign, said he would rather have someone else.
“It’s a free country, the former president has every right to run for office again,” he said.
“But maybe there is someone I support more.
‘Other times call for different leadership.’