Judge Orders Mike Pence To Testify In Jan 6 Probe, Rules He Has Immunity on ‘Certain Topics’

 March 30, 2023

On Tuesday, Former Vice President Mike Pence was ordered to testify in relation to the January 6 probe. However,  United States District Court for the District of Columbia Chief Judge James Boasberg-

“agreed, at least in part, with Pence’s legal team that the former vice president enjoys immunity from testifying about certain topics due to his role as president of the Senate on Jan. 6, 2021.”

- Anonymous Sources

Jack Smith, Special Counsel appointed by the DOJ, issued Pence a subpoena in January. According to a Breitbart interview last month, Pence contended that the subpoena did not pass constitutional muster. Reportedly, Pence said-

“The special counsel subpoena for me, as a former vice president, to appear before the Grand Jury is unconstitutional and unprecedented… “I’m going to fight the Biden administration’s Department of Justice (DOJ) on this. I will tell you that I hope as people reflect on my career they will recognize my commitment is to the Constitution of the United States.”

-Former Vice President Mike Pence

Categorizing the subpoena as, a violation of the Speech and Debate Clause of the U.S. Constitution, arguing it would compel him to testify about his role as Senate president. Pence said-

“I stood by the express language of the Constitution on January 6 and ensured the peaceful transfer of power and on this matter, we’re going to stand firmly on the Separation of Powers and the Speech and Debate Clause that is enshrined in the Constitution,” …“The Executive Branch may not compel anyone in their legislative duties to appear as the Constitution says ‘in any other place.’ The DOJ knows that. In fact, the DOJ took the position that in my role as President of the Senate that I enjoyed the absolute legal immunity under the Speech and Debate Clause in two separate cases in the last two years but now it seems like we’ve run into that two-tiered system of justice that conservatives have grown accustomed to from Biden’s DOJ. Despite the fact that the DOJ took the position that the Speech and Debate Clause applied to me in my role as the President of the Senate twice in the past two years, now they have issued a subpoena to compel me to testify. So, we’re going to fight it on constitutional grounds.”

-Former Vice President Mike Pence

According to a report by Politico,

“It was not immediately clear whether Boasberg’s ruling, which remains under seal, is broad enough to satisfy Pence’s public resistance to the subpoena — issued by special counsel Jack Smith — or whether he intends to appeal”

- Politico

And so we wait to see whether, Pence’s testimony, if he gives it, will further advance the cause of the January 6th Committee. Pence is definitely not a shrinking violet – but a man of quiet metal, who knows how to politely stand his ground. With these new exceptions, we will see what he does about Boasberg’s ruling. His stand on constitutional grounds should prove interesting, especially should an appellate court rule in his favor.

“In matters of style, swim with the current; in matters of principle, stand like a rock.”

-Thomas Jefferson
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