A federal judge has ordered former Vice President Mike Pence to testify before a grand jury after he was subpoenaed by the special counsel investigating efforts by former President Donald Trump and his allies to overturn the results of the 2020 election.

So say two people familiar with the ruling, who spoke on the condition of anonymity because it remains sealed.

However, the people said de Pence did not have to answer questions about his actions on Jan. 6, 2021, when a violent mob of Trump supporters stormed the building as Pence presided over a joint session of Congress to certify the vote.

Pence had argued that because he was serving in his capacity as Senate President that day, he was protected from coerced testimony under the Constitution’s speech or debate clause, which is intended to protect members of Congress from questions about official legislative acts. .

The extraordinary scenario of a former vice president potentially testing against his former boss in a criminal investigation comes as Pence has considered challenging Trump for the 2024 Republican presidential nomination.

Pence’s team discusses whether to appeal.