Judge weighs if Pence's testimony can be compelled by special counsel

Washington, D.C., convened a hearing. Whether former Vice President Mike Pence must testify before a federal grand jury regarding his interactions with then-President Donald Trump around January 6 will be debated in federal court on Thursday.

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Evan Corcoran, who has been embroiled in his own legal effort to avoid appearing before the grand jury, was one of the attorneys representing Trump.

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The late morning hearing before the court's new Chief Judge James "Jeb" Boasberg was seen when Pence and Trump's legal representatives entered behind closed doors. Boasberg presided over legal disputes related to special counsel Jack Smith's parallel investigations into Trump's involvement in the United States attack. Capitol and handling confidential documents at his Florida residence.

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Smith subpoenaed Pence last month to testify.

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Trump's lawyers claim Pence cannot testify about their interactions regarding the disturbance at the U.S. Congress due to executive privilege at the Capitol. Pence has contended that because he was serving as the Senate's president on January 6, rather than as a member of the executive branch, he is exempt from testing due to legislative safeguards for legislators.

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The case documents and proceedings have been kept confidential.

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Separately, Corcoran has been resisting Smith's efforts to coerce him into testifying about his interactions with Trump in the documents case.

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Judge Beryl Howell, who predeceased Boasberg, said last week that Corcoran must testify in accordance with the "crime-fraud" provision, allowing prosecutors to circumvent Trump's attorney-client privilege protections.

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Corcoran appealed the decision, but the appeals court rejected that request late Wednesday, according to records.

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He might testify before the panel this Friday.

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After receiving a subpoena demanding government documents, Corcoran instructed another Trump attorney, Christina Bobb, to sign a written statement in June. Corcoran told Justice Department officials that a thorough search for classified documents at Trump's Florida home had turned up no additional material.

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It was discovered that over 100 additional documents with classified markings were found on the property following a search warrant issued by the FBI in August.