In the ongoing legal proceedings regarding the Georgia election, sources familiar with sealed court documents have revealed that former Vice President Mike Pence is among the listed potential witnesses for the trial against ex-President Donald Trump. This information, not previously disclosed, points to a significant development in the Fulton County district attorney’s efforts, indicating Pence might testify.
While Pence appeared before a federal grand jury as part of the investigation into Trump’s endeavors to overturn the 2020 election, he wasn’t initially regarded as a pivotal figure in the Georgia criminal proceedings. The witness list, containing over 150 names prepared by Fulton County prosecutors, reportedly includes Pence’s name.
Pence’s potential testimony could hold weight due to his past rejection of Trump’s claims of widespread voter fraud in Georgia. At the National Conference of State Legislatures, Pence openly refuted the former president’s allegations, stating, “The Georgia election was not stolen, and I had no right to overturn the election on January 6.”
Unlike his appearance in the federal inquiry, Pence hasn’t provided testimony under oath for the Georgia case, which involved interviews with 75 witnesses conducted by a special grand jury.
A spokesperson for Pence declined to comment on the Georgia case, but Pence had previously signaled his readiness to testify in any federal trial if required by law. He emphasized compliance with the law while acknowledging the First Amendment complexities in such cases.
The revelation of Pence’s inclusion on the witness list in Georgia, disclosed for the first time, signifies the district attorney’s intention to possibly involve him as a witness. Notably, Pence’s team obtained contemporaneous notes from the National Archives after the 2020 election, raising the issue of document access relevant to both the federal and state cases.
Steve Sadow, Trump’s lead counsel in the Georgia case, highlighted the potential inclusion of Pence as a witness and sought access to relevant materials held by special counsel Jack Smith. Sadow noted significant parallels between the federal and Fulton County cases, emphasizing the need for access to specific evidence.
The discussion in court emphasized the challenge posed by overlapping discovery in Trump’s criminal charges in both state and federal courts for actions related to the 2020 election. The presiding judge acknowledged the need for coordination between Georgia prosecutors and special counsel Smith on discovery matters.
Sadow proposed that Fulton County prosecutors communicate with Smith’s team and the federal judge in DC to facilitate the exchange of pertinent materials. Meanwhile, there are ongoing discussions regarding subpoenaing the Justice Department for federal discovery, highlighting the complexities of addressing overlapping issues in the separate legal proceedings.
