Pence will not appeal order to testify before a grand jury in the investigation into Trump's role in the assault on the Capitol

By Laura Jarrett -

Former Vice President Mike Pence will not appeal a federal judge's order for him to testify in a special counsel's investigation into former President Donald Trump's attempt to overturn the 2020 election, his adviser announced Wednesday.

The decision not to fight the order could give special counsel Jack Smith remarkable access to one of the key people and unique access to Trump's thinking and efforts to cling to power.

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Last week, Judge James Boasberg, chief judge of the U.S. District Court for the District of Columbia, largely dismissed efforts by Pence and Trump to limit their testimony and avoid turning over documents.

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Boasberg acknowledged a constitutional argument against forcing Pence to testify before a grand jury on matters related to his role as president of the Senate — which concerns him as vice president — during the certification of the election on January 6, 2021, but concluded that

Trump's alleged "illegality. "

“Vice President Mike Pence swore an oath to support and defend the Constitution, and his assertion that Biden's unprecedented special counsel subpoena was unconstitutional under the Speech or Debate Clause was important in preserving the separation of powers outlined by our founders,” Pence adviser Devin O'Malley said in a statement Wednesday.

[A federal judge orders former Vice President Mike Pence to testify in the investigation of Trump for the assault on the Capitol]

“In the decision of the Court, that principle prevailed.

The Court's historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States.

Having vindicated that principle of the Constitution, Vice President Pence will not appeal the judge's decision and will comply with the subpoena as required by law," O'Malley concluded.

Former Vice President Mike Pence speaks at the National Review Institute's Ideas Summit 2023 on March 31, 2023 in Washington, DC.Drew Angerer/Getty Images

It's unclear exactly when Pence will appear before the grand jury in Washington DC, according to a source familiar with the matter, and the case remains under wraps.

Trump's lawyers could still appeal Boasberg's ruling.

Last week, his legal team filed an appeal to block testimony from several of his top advisers.

Pence published a memoir and an opinion piece in The Wall Street Journal detailing several significant interactions with Trump in the days leading up to January 6.

NBC News has learned that prosecutors are targeting specific efforts that Trump made to try to block the certification of the election.