According to a senior law enforcement official who spoke to NBC News, Special Counsel Jack Smith has requested a federal judge to compel former Vice President Mike Pence to Testify about the January 6 insurrection before a federal grand jury.
Smith filed the motion — which is still sealed — before U.S. District Judge Beryl Howell in Washington. CBS was the first to break the news, revealing the judge is likely to set dates for oral arguments and deadlines when motions should be filed.
Smith subpoenaed Pence earlier in February, seeking his testimony for his January 6 investigation.
The subpoena is being fought by former President Donald Trump’s Legal team, arguing such testimony is protected by executive privilege.
Pence has also indicated his intention to fight the subpoena, telling reporters last week he is “going to fight the Biden DOJ subpoena” because of a belief that “it’s unconstitutional and it’s unprecedented.”
Pence isn’t the only high-profile subpoena Smith has issued since he was appointed special counsel overseeing Trump’s alleged mishandling of classified documents and the January 6 insurrection.
In the January 6 subpoena, Smith is also seeking testimony from Mark Meadows, Ivanka Trump, and Mark Meadows.
In December, Smith began seeking testimony from local officials in key swing states when reports surfaced that he had subpoenaed such officials, searching for all communication involving Trump and an effort to overturn the 2020 election.
The move suggested Smith was probing an alleged fake electors scheme, which saw individuals sign documents purporting to be a state’s rightful electors and declaring Trump the victory in the race.