Mike Pence won’t contest subpoena to testify in Trump investigation

close

Video

Fox News Flash top headlines for April 6

Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com.

Former Vice President Mike Pence will not contest a subpoena to testify for the special counsel investigation into former President Trump, his office announced late Wednesday.

Pence's newfound willingness to testify could be bad news for Trump, as the former vice president was to play a key role in his efforts to overturn President Biden's election win. Pence had initially rebuffed the subpoena as unconstitutional, arguing that the Constitution's speech and debate clause prevented him from discussing aspects of Jan. 6, 2021.

Pence now has assurances that he will be shielded from such questions, and his office says he will no longer contest the subpoena himself.

"Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law," spokesman Devin O'Malley said in a Wednesday statement.

PENCE RIPS 'TWO-TIERED JUSTICE SYSTEM' AS HE FIGHTS BIDEN DOJ SUBPOENA

Former Vice President Mike Pence will no longer contest a subpoena to testify regarding Jan. 6 after receiving certain assurances. (Thos Robinson/Getty Images for The New York Times)

Former President Trump could face some threat from Pence's testimony to the special counsel investigation into Jan. 6. (Brandon Bell/Getty Images)

Chief U.S. District Court Judge James Boasberg ruled this week that Pence is correct in asserting that the speech and debate clause limits what prosecutors can ask of him.

The speech and debate clause protects U.S. lawmakers from being questioned regarding their speech and debate in both the House and Senate. Pence argued the clause protected him due to the vice president's role as president of the Senate.

TRUMP CALLS PENCE A ‘VERY HONORABLE MAN’ AFTER SPECIAL COUNSEL JACK SMITH SUBPOENA

The exact wording of Boasberg's ruling remains sealed, but Pence's camp is largely treating it as a victory. However, while Pence's team will not appeal the decision, Trump's team may still do so, contesting Boasberg's rejection of the former president's executive privilege argument.

Special Counsel Jack Smith, who filed the subpoena for Pence’s testimony, is looking into both documents and testimony related to the Jan. 6 riot at the Capitol, as well as Trump’s possible mishandling of classified documents after leaving office.

A federal judge vindicated former Vice President Mike Pence's argument that vice presidents enjoy some protections from the Constitution's speech and debate clause.

CLICK HERE TO GET THE FOX NEWS APP

The special counsel investigation into Trump has taken a back seat in recent days as Trump was indicted and arraigned in New York City on felony business fraud charges. Trump surrendered to New York authorities earlier this week, making him the first former president in U.S. history to be arrested.