“One Thing Trump’s Lawyers Didn’t Want”: Pence’s Testimony Could Be Public Before Election
REUTERS/Alyssa Pointer
A former federal prosecutor, Elie Honig, highlighted a critical development in Donald Trump’s election subversion case that his legal team had hoped to avoid. During Thursday’s proceedings, Judge Tanya Chutkan made a decision that could have significant implications for the 2024 election. As CNN anchor Kaitlan Collins explained on her show, The Source, this ruling means that pivotal evidence — including testimony from former Vice President Mike Pence — could be revealed before voters go to the polls on November 5.
“Could be explosive, indeed,” Collins said, emphasizing the potential impact of the judge’s decision. Honig pointed out that Chutkan’s ruling represented the “one thing Donald Trump’s lawyers walking into that courtroom today did not want to happen for precisely this reason.” The decision means that at least “some” of Pence’s testimony, given behind closed doors last year, could become public.
“Grand jury is secret unless it comes out in this type of proceeding,” Honig stressed, underlining the gravity of the ruling. However, Honig also raised a significant concern. “Prosecutors and the judge are going down a very dangerous path,” he said, noting that while the judge sided with the prosecutors on introducing evidence related to Trump’s pressure on Pence, there is a complication.
The Supreme Court has previously ruled that presidents enjoy a presumption of immunity for “official acts.” “Meaning the Supreme Court has already said we are leaning strongly against letting you put in evidence of what Mike Pence said,” Honig explained. Even if Chutkan deems Pence’s testimony admissible at trial, there’s a possibility the Supreme Court could overturn that decision later. Despite this risk, the information would still be made public before the election.
“Put aside what’s happening in the court, in public opinion and politics, yes. We will see that on Sept. 26,” Honig noted. Trump faces four federal charges in Washington, D.C., stemming from his efforts to overturn the 2020 election results, including his involvement in the Jan. 6, 2021, Capitol attack. He has pleaded not guilty to the charges, which include conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
