Donald Trump plans to fight an order for former Vice President Mike Pence to testify before the grand jury investigating the former president’s efforts to stay in power despite losing the 2020 presidential election, according to multiple reports.
Trump’s team filed an appeal Monday with the U.S. Court of Appeals for the District of Columbia to challenge an earlier court ruling that Pence had to comply with a subpoena for his testimony and documents.
Trump is pushing to block Pence from appearing before the grand jury on grounds of executive privilege, an argument that has failed to sway the court in Trump’s previous attempts to prevent the testimony of other top aides, including former chief of staff . .
Pence initially disputed the quote and vowed to continue to do so. But earlier this month, he indicated he was ready to testify after James Boasberg, the chief judge of the US District Court in Washington, DC, agreed with his argument that “the speech and debate clause of the Constitution i applies in his role as President of the Senate.
“After reaffirming this principle of the Constitution, Vice President Pence will not appeal the judge’s decision and will comply with the subpoena as required by law,” Devin O’Malley, an aide to Pence, said last week.
Pence could provide important information as a witness, including how he was pressured by Trump and his allies to use his role as president to certify the Senate election to overturn incumbent Joe Biden’s victory.
Pence criticized Trump’s role in the January 6, 2021 insurrection and distanced himself from Trump’s campaign lies. The two will likely face each other in the 2024 Republican presidential primaries.
“President Trump was wrong,” Pence said in March. “I had no right to overturn the elections. And his reckless words put my family and everyone on Capitol Hill at risk that day, and I know history will hold Donald Trump accountable.”
The latest call comes as other Trump investigations heat up. Last week, the former president was formally indicted on 34 counts of falsifying corporate documents over his role in an undisclosed cash payment to adult film actor Stormy Daniels before the 2016 presidential election. He has denied wrongdoing .

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