Trump, Pence urge judge to reject special counsel bid to obtain former VP’s testimony

It’s one of the weightiest constitutional fights that Smith is likely to undertake, one that could shape the balance of power between all three branches of government in unpredictable ways. Assistant U.S. Attorney Thomas Windom, one of Smith’s lead investigators, was seen entering the courtroom as well.

It’s also an early test for Chief U.S. District Court Judge James Boasberg, who took the chief’s gavel last week after his predecessor Beryl Howell’s seven-year term as chief expired. The chief judge is tasked with overseeing all grand jury matters in the district, which include Smith’s special counsel probes.

Pence’s fight to block the subpoena is not the only way Smith’s inquiry could have far-reaching constitutional consequences. A three-judge appeals court panel is expected to rule imminently on his separate effort to access the cellphone data of Rep. Scott Perry (R-Pa.), a key ally in Trump’s bid to overturn the 2020 election results. Perry, like Pence, is arguing that his communications should be shielded by the Constitution’s “speech or debate” clause, which grants Congress sweeping immunity from compelled testimony — if it pertains to lawmakers’ official duties.

The Perry dispute drew intervention from the House of Representatives, which filed a sealed amicus brief in the matter that raised concerns about the implications for the institution should the appeals court adopt a narrow view of “speech or debate” immunity.

The hearing also underscored the extraordinary confluence of acute legal and criminal matters Trump is facing.

Corcoran himself has been ordered by a federal judge to testify as soon as Friday in Smith’s other ongoing criminal probe of Trump’s handling of sensitive national security records discovered at his Mar-a-Lago estate. And while Corcoran was waiting in the cafeteria Thursday, an attorney for Joseph Biggs — one of five Proud Boys facing seditious conspiracy charges for actions on Jan. 6 — approached him to attempt to serve a subpoena on Trump.

The attorney, Norm Pattis, said Corcoran told him he was ”not authorized” to accept service on Trump’s behalf.