Special Investigator Testifies on Trump and the 2020 Election 2:33
(CNN) --
Former President Donald Trump has asked a federal court to bar former Vice President Mike Pence from speaking before a grand jury on certain matters covered by executive privilege, as part of the criminal investigation into attempts to overturn the Trump's 2020 election loss, sources familiar with the move told CNN.
The request, made in a new secret filing filed in a sealed proceeding Friday, comes after Trump's team told special counsel Jack Smith, who oversees the Justice Department's criminal investigations into the former president, that it had the intent to assert such privilege on Pence's testimony.
Former Vice President Mike Pence is subpoenaed by the special counsel investigating Donald Trump
The Justice Department had previously asked a judge to compel Pence to appear before the grand jury, CNN reported last week.
It is not clear how long the sealed proceeding will take, but it is possible that the dispute will be resolved by the district court, or it will be appealed to a federal appeals court and perhaps, eventually, to the US Supreme Court.
Since taking over the Justice Department's investigation into efforts to overturn the 2020 election results, Smith, who has a reputation for acting quickly, has picked up the pace of the investigation.
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The Pence grand jury subpoena seeks documents and testimony related to the events of January 6, 2021, when the U.S. Capitol was attacked by pro-Trump protesters as Congress prepared to certify the results of the U.S. election. 2020.
Justice Department Rejects Trump's Claims of Presidential Immunity for His Jan. 6 Speech
In the run-up to the congressional certification vote, Pence faced enormous pressure from Trump and his allies to prevent plans by lawmakers to validate Joe Biden's victory.
As president of the Senate, Pence was tasked with presiding over certification proceedings.
Pence ultimately rejected those calls to disrupt congressional plans, a decision he now stands by.
But he, too, has already announced his plan to avoid the subpoena in the Smith investigation.
The former vice president asserts that because he was also serving as president of the Senate that day, he is protected by the Constitution's Speech or Debate Clause, which shields lawmakers from certain law enforcement actions directed at their legislative conduct.
Donald TrumpRussian interferenceMike Pence