Pence ordered to testify to grand jury on talks with Trump over 2020 election interference

A federal judge has ordered former Vice President Mike Pence to testify before a grand jury about conversations he had with former President Donald Trump in which they allegedly talked about how to overturn the 2020 election, according to two sources familiar with the case.

The sealed order from Chief Judge James Boasberg is another legal setback for Trump and his efforts to block an ongoing special counsel Jack Smith’s investigation into events leading up to the January 6, 2021 riots in the U.S. Capitol.

Pence was subpoenaed last month by the Justice Department special counsel as part of the probe into the Jan. 6 riot. Pence’s team filed a motion to block that subpoena, claiming that as vice president, his conversations with Trump and top White House aides were protected by executive privilege claims.

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But Judge Boasberg on Tuesday rejected those arguments after meeting with lawyers from both sides in a closed court hearing last week in Washington.

Sources told Fox News that Boasberg ruled separately that Pence could refuse to answer certain questions to the grand jury about his role as President of the Senate, during the January 6 election certification process in the U.S. Capitol. That effort was interrupted for a time by violent encounters with protesters in the building.

Pence had claimed that the Constitution’s “speech or debate” clause shields him from questions about official legislative actions.

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Pence had earlier indicated he was prepared to appeal any requirement he testify, all the way to the U.S. Supreme Court if necessary.

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There was no immediate reaction to the judge’s ruling from Pence, Trump, or the Justice Department.