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‘Nothing to hide,’ Pence says as he weighs appeal of Trump probe order

By Brittany Shepherd, ABC News Mar 29, 2023 | 1:00 PM
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(WASHINGTON) — Former Vice President Mike Pence said Wednesday he’s weighing how to proceed after a federal judge ruled one day earlier he must testify to a grand jury investigating efforts by former President Donald Trump to overturn the 2020 election.

Pence, who is considering running for the 2024 Republican presidential nomination, said he’s unsure whether he’ll appeal the order for him to reveal more details about his conversations with Trump while vowing he has “nothing to hide” about Jan. 6.

“I’m limited in what I can say about grand jury proceedings, but I am pleased that the judge recognized that the Constitution speech and protection clause applies to my work as vice president,” Pence said in Iowa. “I’m serving as president of the Senate on January 6. We’re currently talking to our counsel about the balance of that decision and determining the way forward, but I have nothing to hide.”

“Again, I’m pleased that federal judge recognizes that constitutional protection applies to me as vice president, but now we’ll evaluate the best way forward and make our intentions known in the days,” he added.

Pence told reporters he will discuss whether to appeal the ruling when he meets with his attorneys in Washington, D.C., later this week.

“Again, I have nothing to hide. I believe we did our duty under the Constitution on Jan. 6. And I truly do believe that preserving the constitutional protections enshrined in the speech and debate clause was very important,” he repeated. “I’m pleased that the federal judge recognized and agreed with our argument that that provision does apply to us reviewing how he sorted that out, but at the end of the day, we’ll obey the law. Right now, we’re evaluating what the proper course is moving forward.”

On Tuesday, D.C. Chief Judge James Boasberg rejected Trump’s claim of executive privilege to prevent Pence from testifying, sources familiar with the matter told ABC News.

The judge also issued a ruling that narrowly upheld parts of a separate legal challenge brought by Pence’s attorneys, who have argued the former vice president should be exempt from providing records or answering certain questions that align with his duties as president of the Senate overseeing the formal certification of the election on Jan. 6, 2021.

The judge ordered Pence to provide answers to special counsel Jack Smith on any questions that implicate any illegal acts on Trump’s part, according to sources.

Pence’s team had argued that such communications could run afoul of the speech and debate clause that shields members of Congress from legal proceedings specifically related to their work.

The rulings came just four days after his and Pence’s lawyers appeared at the district court to argue their challenge to Smith’s subpoena.

Pence has previously vowed to fight the subpoena all the way to the Supreme Court if necessary, most recently telling ABC Chief Washington Correspondent Jonathan Karl, “We’re going to respect the decisions of the court, and that may take us to the highest court in the land.”

ABC News’ Katherine Faulders contributed to this report.

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