Former Vice President Mike Pence has indicated he will not appeal a federal judge's order for him to testify before a grand jury empaneled by DOJ special counsel Jack Smith to investigate the January 6 attack on the U.S. Capitol.
It is theoretically possible for former President Donald Trump, who has tried to assert executive privilege over all the information about White House talks during that time, to step in and appeal the decision himself — but, argued former Reagan and Bush administration legal official Donald Ayer on CNN Wednesday, that effort would almost certainly fall flat.
"They could really fill in an enormous amount of detail about what Trump was thinking and doing both on January 6th and on the days before, and I think, potentially even on the days after, so I think it's really potentially quite a lot of detail that we could get out of this testimony," said Ayer.
"So Pence won't appeal the ruling, but Trump could," said anchor Jake Tapper. "Do you think it's possible — likely — that Trump and his team could successfully prevent Pence from testifying?"
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"No," said Ayer. "I think it's not improbable that they might appeal, although I don't know that they might have you know, as well as your commentary, which said that they lose all of those efforts. That's it's gotten to the point where the courts, whether they have Trump, Trump appointees, whoever are turning this stuff down routinely, so it's a matter of time."
"You know, I think what's really significant about this week is that we now have Trump sitting on the other side of the table," Ayer added. "We now have Trump as a criminal defendant, and the momentum of all of these cases continues to accelerate. I know it's been frustrating for lots of people, including me. Things have moved slowly, they're probably going to keep moving somewhat deliberately. But there's — momentum is really moving, moving forward now, and I think there's good reason to think that these processes are going to come to something pretty significant."
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