The former vice president has been issued a subpoena in the Jan. 6, 2021, investigation.
prosecutors filed a motion asking the federal courts to compel the former vice president to testify.
If Chief Judge James Boasberg sides with the Smith's team, Pence has said he will appeal, and the case could eventually reach the Supreme Court. Thursday's hearing was under seal as is required by grand jury secrecy laws. Attorney General Merrick Garland appointed Smith as special counsel in November to oversee the Justice Department's criminal investigations into whether any entity"unlawfully interfered" with the certification of the Electoral College on Jan. 6 and the transfer of power after the 2020 election.
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