Former President Donald Trump’s legal team is appealing a sealed order seeking limited testimony from former Vice President Mike Pence following a judge’s ruling that Pence must answer the Department of Justice’s questions regarding Trump’s efforts to stay in power.
Trump’s team filed the challenge after Pence’s lawyers said they would not be appealing a ruling by the chief judge of the D.C. District Court, James Boasberg.
The ruling partially helped Pence, forcing him to answer questions relating to Trump’s bid to stay in power ahead of January 6, 2021, but accepting Pence’s role as Senate president and shielding him from questioning about the day.
Last week, the former Vice President’s team announced that he wouldn’t be appealing Boasberg’s decision, saying that while they believed the ruling was applied too narrowly, the judge upheld Pence’s claim on constitutional grounds.
Meanwhile, Pence’s team acknowledged that Trump could pursue a separate appeal of the executive privilege.
However, an official revealed Pence’s plan to abide by any decisions made under executive privilege.
Boasberg’s ruling allows Pence to tread a fine line between complying with the Department of Justice’s subpoena while avoiding questions about Trump, a move that could help his potential 2024 presidential Bid.
Trump’s team is attempting to block any involvement by Pence in the investigation, arguing that Trump, as the former President, can block Pence’s testimony with executive privilege.
But a similar claim in another case was rejected by the U.S. Circuit Court of Appeals for D.C., who sided with the DOJ.