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Pence won't appeal judge's ruling, paving the way for his testimony in Justice probe

Former Vice President Mike Pence visits "Fox & Friends" at Fox News Channel studios on November 16, 2022 in New York City.
John Lamparski
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Getty Images
Former Vice President Mike Pence visits "Fox & Friends" at Fox News Channel studios on November 16, 2022 in New York City.

Former Vice President Mike Pence will not appeal a judge's ruling that ordered him to testify to a grand jury in the U.S. Justice Department's investigation of the Jan. 6 Capitol riot, a spokesman for Pence said in a statement.

"Vice President Mike Pence swore an oath to support and defend the Constitution, and his claim that the Biden Special Counsel's unprecedented subpoena was unconstitutional under the Speech or Debate Clause was an important one made to preserve the Separation of Powers outlined by our Founders. In the Court's decision, that principle prevailed," Devin O'Malley, the Pence spokesman, said. "The Court's landmark and historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States. 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."

Pence's testimony could emerge as a key moment in a special counsel's investigation into Donald Trump's efforts to overturn the results of the 2020 election. When Pence will testify is unclear, though Trump could appeal the ruling by Judge James Boasberg that ordered Pence to appear before the grand jury.

Trump, a front-runner in the Republican presidential field ahead of the November 2024 election, is under investigation for his efforts to overturn the election results which included pressuring Pence to not certify the results of the election, a largely ceremonial role for the vice president. Pence declined to entertain that idea, paving a way for a split between the two men. Pence is also exploring a presidential run in 2024.

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