Trump makes last-ditch bid to block Pence from testifying in Jan. 6 probe

Former President Donald Trump is making a last-minute bid to block his former vice president from testifying in special counsel Jack Smith's investigation of Trump's actions leading up to the January 6 riots at the United States Capitol building.

As reported by NBC News' Daniel Barnes, Trump's legal team on Monday filed an appeal seeking to stop Pence from talking with prosecutors about his conversations with the former president in the waning days of his administration.

Barnes notes that even though Pence chose not to appeal an earlier ruling that compelled him to testify about certain aspects of his talks with Trump, Trump still had the option of trying to stop Pence's testimony by asserting executive privilege over him.

All the same, Barnes writes, the chances of Trump succeeding in this regard appear to be slim.

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"Trump hasn't had much luck before the circuit lately," he writes. "Panels of the DC Circuit recently shot down his attempts to block testimony from his lawyer, Corcoran, and from several top aides including Mark Meadows. Motions to stay were denied rapidly in those cases so we could be looking at another short turnaround before Pence's requirement to testify is reaffirmed."

Smith is currently investigating both Trump's efforts to overturn the 2020 presidential election and his refusal to return top-secret government documents despite receiving a subpoena for them.