Former President Donald Trump has filed a motion asking a federal judge to block Mike Pence, his former vice president, from testifying to a grand jury, according to media reports.
The sealed filing was made on Friday, The New York Times reported, citing “a person briefed on the matter.”
CNN, also citing unnamed sources, was the first outlet to report Trump’s intentions.
Donald Trump has filed a motion asking a federal judge to prevent his former vice president, Mike Pence, from testifying to a grand jury about specific issues that Trump is claiming are protected by executive privilege. https://t.co/B4LS3mIlFs
— The New York Times (@nytimes) March 4, 2023
A spokesperson for Trump did not respond to a request for comment from the Times.
The grand jury subpoena issued to Pence seeks documents and testimony related to the events of Jan. 6, 2021, when the U.S. Capitol was attacked as Congress prepared to certify the results of the 2020 presidential election.
Pence was subpoenaed last month by Jack Smith, the special prosecutor who is overseeing investigations involving Trump. In addition to the Jan. 6, incident, Smith is also seeking testimony from Pence about his interactions with the former president leading up to the 2020 election and the day of the attack on the Capitol, CNN reported.
The former vice president has said he will fight the subpoena, according to Politico. According to The Associated Press, Pence said he would take the legal fight to the Supreme Court if necessary.
Pence has argued that his former role as president of the Senate shields him from certain demands from the Justice Department under the Constitution’s “speech or debate” clause, The New York Times reported.
Trump’s lawyers also attempted to block testimony by two of Pence’s top aides: Greg Jacob, his former chief counsel; and Marc Short, his former chief of staff, according to the newspaper.
The chief federal judge in Washington, Beryl A. Howell, ruled that Jacob and Short had to testify about issues that Trump had attempted to shield through executive privilege, the Times reported.
