Trump appeals order for Pence to testify in Jan. 6 probe

[Nevilledog]

https://www.politico.com/news/2023/04/10/trump-appeal-pence-january-6-testimony-00091231

Donald Trump has appealed a judge’s order requiring his former vice president, Mike Pence, to testify to the grand jury probing the effort to subvert the 2020 election.

Trump’s appeal, filed under seal, was lodged on the court docket Monday morning. The former president had challenged the bid by special counsel Jack Smith to compel Pence’s testimony earlier this year, claiming it would intrude on conversations protected by executive privilege.

But Chief U.S. District Court Judge James Boasberg rejected Trump’s challenge, ruling last month that Pence could be compelled to testify. Boasberg, however, did fashion some limits to Smith’s inquiry; he agreed, in part, with a separate argument by Pence that some of his actions are protected by the Constitution’s “speech or debate” clause — which typically prevents Justice Department inquiry into members of Congress and their aides.

Under the Constitution, Pence as vice president also served as president of the Senate, entitling him to some measure of congressional immunity, Boasberg found. Although Pence and his allies felt that the ruling didn’t extend far enough, Pence opted not to appeal the decision.

*snip*

[FarPoint]

1. Maybe I'm just ignorant...

but tRump has no business when it comes to this...It's Mike Pences order not tRumps...

[kimbutgar]

2. Will his lawyers judge shop for one he appointed?

[Walleye]

3. The price tag for all of trump's litigious bullshit must be staggering

Where is all these outraged taxpayers about the waste of this money

[2naSalit]

4. Of course he did.

[LetMyPeopleVote]

5. While this is a fast briefing schedule, I wish that it was faster

Link to tweet

[The Magistrate]

9. That's Ridiculous, Sir

Midnight tonight for the appellant and dawn tomorrow for the government. This has been run through far too often for there to be any doubt what the law is regarding a former office-holder and indicted felon's right to exercise Executive privilege.

[LetMyPeopleVote]

12. Final briefs are not due until May 25 which gives TFG a chance to string things out

The executive privilege issue is a deal issue that TFG has lost a number of times. TFG has no standing to assert the speech and debate clause which is being waived by Pence

[The Magistrate]

13. My Point Exactly, Sir: The Appeal Is Nonesense, It Should Be Over By Wednesday

No excuse for a judge to grant six weeks to this charade.

[kentuck]

6. Executive privilege?

Even if he could declare executive privilege, it would be over-ridden by the crime/fraud exception.

It is just another delay tactic.

[pfitz59]

7. hard to exert 'Executive Privilege'

when one is no longer the executive.

[Fiendish Thingy]

8. He's gonna lose again. Nt

[gab13by13]

10. That's not the point.

[SWBTATTReg]

11. If I'm not mistaken, I thought tRUMP was invited to testify, and he refused. So his efforts to

prevent pence from testifying should be ignored, since he refused to testify (tRUMP). His efforts should be ignored since he had an opportunity to testify but chose not to.

[FakeNoose]

14. Pence will show up to testify, complete with coffin nails and hammer

[LetMyPeopleVote]

15. This is more likely an appeal in executive privilege grounds (which is a loser)

Link to tweet