special counsel Jack Smith
Chief Judge James Boasberg, an Obama appointee, is weighing whether Special Counsel Jack Smith can compel Mike Pence’s testimony – even though Trump claimed executive privilege over the former Vice President’s testimony.
In February it was reported that the special counsel overseeing the investigations into Trump has subpoenaed former Vice President Mike Pence.
According to Politico, rather than assert executive privilege, Pence will argue that as president of the Senate, he was acting as a member of the legislative branch on January 6 and is therefore protected by the DOJ’s demands.
Trump also claimed executive privilege over Pence’s testimony.
Jack Smith’s prosecutors were back in court on Thursday fighting to compel Pence’s testimony, according to a leak to CBS News.
This is an unprecedented attack on Trump’s authority and executive privilege which is derived from the constitutional separation of powers.
CBS reported:
A federal judge heard arguments Thursday in a dispute between former Vice President Mike Pence, attorneys for former President Donald Trump and special counsel Jack Smith over whether Pence can be compelled to testify in Smith’s probe of the Jan. 6, 2021, attack on the Capitol, three sources tell CBS News.
Smith issued the subpoena for Pence’s testimony before a federal grand jury in February, and the former vice president said he would contest it, calling it “unconstitutional” and “unprecedented.” Trump’s legal team claimed executive privilege over Pence’s testimony after CBS News first reported prosecutors filed a motion asking the federal courts to compel the former vice president to testify.
Emmet Flood, Pence’s attorney, as well as Trump’s legal team — Evan Corcoran, Jim Trusty, Tim Parlatore and John Rowley — were spotted inside the federal courthouse in Washington, D.C., on Thursday ahead of the expected hearing. Legal teams for both Trump and Pence are working to fight the subpoena. Justice Department prosecutor Thomas Windom was also at the federal courthouse.
If Chief Judge James Boasberg sides with the Smith’s team, Pence has said he will appeal, and the case could eventually reach the Supreme Court. Thursday’s hearing was under seal as is required by grand jury secrecy laws.
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