(Bloomberg) — Donald Trump is appealing a court decision that would require his former Vice President Mike Pence to appear before a federal grand jury probing efforts to undermine the 2020 presidential election, according to a person familiar with the matter.
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A federal judge in Washington in late March rejected the former president’s effort to argue that executive privilege should block Justice Department Special Counsel Jack Smith’s office from questioning Pence.
Trump has appealed that ruling to the US Court of Appeals for the DC Circuit, according to the person, who requested anonymity to discuss sealed proceedings.
US District Chief Judge James Boasberg had separately ruled on a claim Pence raised invoking legislative privilege against the subpoena for his testimony, but Pence’s camp announced last week that he wouldn’t appeal that decision.
The judge’s ruling isn’t public because it relates to sealed grand jury proceedings, but Pence’s team released a statement describing the decision as a win because it “affirmed for the first time in history that the Speech or Debate Clause extends to the vice president of the United States.”
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