By Laura Jarrett and Rebecca Shabad -
NBC News
WASHINGTON — Former Vice President Mike Pence has been ordered by a federal judge to comply with a grand jury subpoena on former President Donald Trump's efforts to overturn the 2020 election results, according to a source familiar with the ruling.
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However, the judge awarded Pence a partial victory on his argument that he was protected from having to testify about January 6 because of his constitutional role as part of the legislative branch.
Former Vice President Mike Pence on October 19, 2022 in Washington, DC.
Jabin Botsford/The Washington Post via Getty Images
Pence's legal team had argued that the Constitution's "speech and debate" clause should prevent prosecutors from special counsel Jack Smith's team from obtaining testimony about communications or activities related to Pence's role as Senate president by presiding over the certification of election results.
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The ruling by Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, said that Pence has some limited protections when speaking and debating.
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However, the immunity would not prevent him from testifying about conversations in which there is an alleged "illegality" on the part of Trump.
It is unclear if Pence plans to appeal Boasberg's decision.
Pence has previously promised to take the case all the way to the Supreme Court if necessary.
He told ABC News that he was not invoking executive privilege in connection with non-role conversations with him on Jan. 6.
A Pence spokesman declined to comment.