Special counsel investigating Trump asks federal judge to compel Mike Pence to give Jan. 6 testimony

WASHINGTON — Special counsel Jack Smith has asked a federal judge to compel former Vice President Mike Pence to testify before a federal grand jury about the Jan. 6, 2021, attack on the Capitol, a senior law enforcement official confirmed to NBC News on Friday.

The motion was filed before U.S. District Judge Beryl Howell in Washington and remains sealed. It was first reported by CBS News. The judge will likely set dates for motions to be filed and possibly to hear oral arguments.

NBC News reported this month that Smith had subpoenaed Pence in the Jan. 6 portion of the special counsel’s investigation. Former President Donald Trump’s legal team is fighting the subpoena.

Pence himself told reporters last week that he would fight the subpoena.

“Let me first be clear: I’m going to fight the Biden DOJ subpoena for me to appear before the grand jury because I believe it’s unconstitutional and it’s unprecedented,” Pence said.

In December, NBC News reported that Smith had subpoenaed local officials in key presidential swing states for any and all communications involving Trump, his campaign and a series of aides and allies who assisted in his effort to overturn the 2020 election.

The move was an indication that Smith is probing an alleged scheme involving fake electors, a slate of individuals who signed documents purporting they were their states’ rightful electors and falsely asserting Trump was the victor in those states.