Trump lawyers appeal order for Pence to testify in special counsel’s Jan. 6 probe: Sources

(WASHINGTON) — Former President Donald Trump’s attorneys are appealing an order for former Vice President Mike Pence to testify before the special counsel investigating Trump’s efforts to overturn the 2020 election, sources familiar with the matter confirm to ABC News.

Trump has previously sought to assert executive privilege in an attempt to block Pence’s testimony, but late last month the chief judge for the D.C. district court, James Boasberg, rejected his team’s arguments and ordered Pence to testify and provide records to special counsel Jack Smith.

Boasberg, however, did narrowly uphold parts of a separate legal challenge brought by Pence himself, who argued he should be shielded from having to testify on certain aspects related to his role as president of the Senate overseeing the certification of the 2020 election on Jan. 6, 2021.

Pence was subpoenaed by the special counsel in February, following months of negotiations between federal prosecutors and Pence’s legal team.

Pence said last week he would not seek further appeal, though said he was unsure whether Trump’s team would continue their own fight to prevent his testimony and bring their executive privilege claims before the D.C. Circuit Court of Appeals.

The appeal was formally docketed Monday before the D.C. Circuit, court records show, though other details surrounding it will remain under seal due to its connection to grand jury matters.

In previous instances where Trump’s team has sought intervention from the D.C. Circuit, judges there have acted swiftly to order legal briefs from his team and the special counsel before rejecting his legal challenges.

A spokesperson for the special counsel’s office declined to comment to ABC News.

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