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bigtree

(85,984 posts)
Wed Apr 5, 2023, 03:33 PM Apr 2023

Pence likely doesn't have to answer questions about Jan. 6, even if he does appear

...however, Judge Boasberg’s ruling (which still stands with details still unclear), probably allows prosecution to question Pence about everything he knew and heard before his Jan. 6 certification duties.

That makes sense because we can all see what Pence did that day.

If Trump's executive privilege claims finally sizzle like all of the rest of the majors' who were forced to testify in the past weeks, everything up to that day will be covered before the grand jury.

Pence has said before that he's willing to testify about matters not covered by executive privilege. But who knows if this is just a faint, or not? He can still claim the 5th before jurors, but it remains to be seen if Jack Smith will do anything to further compel testimony from a recalcitrant Pence, like take away any jeopardy in that claim by granting limited immunity from prosecution.


One important note, though. The rapidity which the appeals courts treated the 'privilege' rulings against Trump vindicates the time taken to get there. Aside from the merits of the appeals and challenges to testifying, there has also been a need to prove to judges there's significant enough potential evidence of criminality being concealed behind the claims.

It's one thing to appear before judges, as they might have done a year or more ago, and claim crimes occurred; it's much more powerful to have compelling evidence in hand to show the courts.

That evidence wasn't going to come voluntarily from principals like Pence, Trump, Meadows, or any of the other top officials without the testimony of others below them. You don't get rapid rulings knocking down privilege claims of attorneys subpoenaed to testify like ducks in a row without showing courts evidence serious crimes committed are being obscured by them.

You don't get that evidence by sitting on your hands, as many have accused DOJ of doing. You get to this point of actually pressuring top Trump officials, including the former president, by doing quiet, behind the scenes groundwork.


Kyle Griffin @kylegriffin1
BREAKING on @MSNBC: Mike Pence *will not* appeal a federal judge's order that he testify in the special counsel's probe of Trump's attempt to overturn the 2020 election results.
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Pence likely doesn't have to answer questions about Jan. 6, even if he does appear (Original Post) bigtree Apr 2023 OP
As Glenn Kirschner said on Stephanie Miller gab13by13 Apr 2023 #1
about Garland? The man who handpicked Jack Smith for the job? bigtree Apr 2023 #2
It's easy to run a 2 minute offence When your ball is on the 2 yard line Fiendish Thingy Apr 2023 #3
January 6 is the least important date Pence needs to testify about Fiendish Thingy Apr 2023 #4
exactly bigtree Apr 2023 #5
kick bigtree Apr 2023 #6
I doubt Pence can plead the 5th, because that's about your own crimes lindysalsagal Apr 2023 #7

gab13by13

(21,287 posts)
1. As Glenn Kirschner said on Stephanie Miller
Wed Apr 5, 2023, 03:37 PM
Apr 2023

Jack Smith is running a 2 minute offense, I won't say what he said about Garland.

bigtree

(85,984 posts)
2. about Garland? The man who handpicked Jack Smith for the job?
Wed Apr 5, 2023, 03:42 PM
Apr 2023

...I'm old enough to remember falderal that Smith would slow down the investigation.

How times change.

I don't believe Kirschner said anything anyone should care about regarding Garland.

Most people still criticizing him don't even realize or acknowledge that he picked Garland and handed off an 'on the ground running' investigation to the Special Counsel.

According to a report from CNN, newly appointed special counsel Jack Smith has hit the ground running after taking over at least two criminal probes into Donald Trump's links to the Jan. 6 insurrection and his hiding of government documents at Mar-a-Lago.

As the report notes, Smith will not follow in the footsteps of former special counsel Robert Mueller in how he deals with Trump's criminality and will instead conduct in the management style of a U.S. Attorney.

CNN reports, "Smith takes over a staff that’s already nearly twice the size of Robert Mueller’s team of lawyers who worked on the Russia probe. A team of 20 prosecutors investigating January 6 and the effort to overturn the 2020 election is in the process of moving to work under Smith, according to multiple people familiar with the team," before adding, "According to several people familiar with his appointment, Smith will operate more like a US Attorney – managing an existing team of career prosecutors already working on the cases, and signing off on evidence they bring him – rather than as a de facto-department head like Mueller, who tapped several lawyers from outside the Justice Department to pursue parts of the Russia investigation from scratch."
https://www.rawstory.com/jack-smith-donald-trump/


So Smith hit the ground running because the Garland investigation with over 20 prosecutors had already done extensive ground work, which is what anyone without a bone to pick against the AG should already know.

"Together, the twin investigations have already established more evidence than what Mueller started with, including from a year-long financial probe that’s largely flown under the radar.

“Mueller was starting virtually from scratch, whereas Jack Smith is seemingly integrating on the fly into an active, fast-moving investigation,” said Elie Honig, a former federal prosecutor and senior CNN legal analyst.
https://www.cnn.com/2022/12/11/politics/jack-smith-special-counsel-high-profile-moves-trump-criminal-investigations/index.html

Fiendish Thingy

(15,568 posts)
3. It's easy to run a 2 minute offence When your ball is on the 2 yard line
Wed Apr 5, 2023, 03:42 PM
Apr 2023

thanks to First String QB Garland.

Fiendish Thingy

(15,568 posts)
4. January 6 is the least important date Pence needs to testify about
Wed Apr 5, 2023, 03:44 PM
Apr 2023

January 5 is much more important, among other dates.

Also, there is no executive privilege to limit Pence’s testimony- he was claiming exemption under the Speech and Debate clause.

lindysalsagal

(20,643 posts)
7. I doubt Pence can plead the 5th, because that's about your own crimes
Wed Apr 5, 2023, 07:19 PM
Apr 2023

And the questions will be about tfg's crimes. There is no provision for not incriminating a "failed, disgraced, casino-owning gangster."

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