Some big news out of the Mike Pence camp today – the former Vice President won’t appeal a ruling compelling him to testify before a grand jury investigating President Donald Trump‘s alleged efforts to overturn the 2020 election. This elicited a fun zing from Twitter zingmaster George Takei.
Before we dive into that, a little context: Back in 2020 before the insurrection (a less troubled time), Pence was debating eventual Vice President Kamala Harris in typical ho-hum fashion when a fly landed on Pence’s head. Like a Lamborghini in the desert, it was impossible to miss. Here’s what Takei said:
It’s a fun callback to something most people probably don’t really remember in the run-up to the election, considering what came after was so unforgettable.
Politics! Aren’t they fun? Pence’s spokesperson Devin O’Malley shared the news of Pence’s decision in a statement, per Politico:
“Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law,” he said. Both Pence and Trump fought the subpoena, but for different reasons.
Trump said his convo with Pence during the Jan. 6 insurrection was protected by executive privilege. Pence said because he’s the president of the Senate, he’s protected by the Constitution’s “speech or debate” clause, which allows lawmakers protection from criminal inquiries pertaining to their official positions.
Pence’s defense was always a long shot, something that’s reinforced by him deciding not to appeal the decision. However, Chief U.S. District Court Judge James Boasberg did concede that Pence was allowed some protections as Vice President.
Mark Rozell, a George Mason University political scientist who specializes in executive power, told Politico this is a precedent-busting decision.
“Any such movement is significant, as it sets a precedent that potentially can expand at a later time, in a different circumstance. The vice president is now acknowledged to possess a form of privilege by virtue of his or her legislative role, something that a president cannot claim.”
Pence is, of course, framing this as a victory.
“In the Court’s decision, that principle prevailed,” O’Malley said. “The Court’s landmark and historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States.”
While Pence isn’t appealing, there’s always the possibility that Trump will try to stop it from happening with an appeal of his own, something he does often in court proceedings to slow them down. Hopefully Takei will have something to say about that as well.
