Georgia Prosecutors Include Mike Pence as a Witness in 2020 Election Subversion Case Against Trump: Exclusive Details
Georgia prosecutors have included Mike Pence on their witness list in the trial against Trump for election subversion Pence may be called to testify, as per court documents that are currently sealed
The prosecutors in the Georgia election subversion case against former President Donald Trump have included former Vice President Mike Pence on the list of potential witnesses for the trial, according to sources familiar with sealed court documents. Pence, who has already testified before a federal grand jury as part of special counsel Jack Smith's investigation into Trump's attempts to overturn the 2020 election, has not been a significant focus in the criminal proceedings in Georgia.
Fulton County prosecutors have not released the witness lists, which are being tightly held. According to sources, the most recent version of the witness list contains over 150 names, including Pence. Pence could be an important witness as one of the few former Republican allies of the ex-president to strongly oppose Trump's allegations of widespread voter fraud in Georgia.
Fulton County District Attorney Fani Willis held a press conference at the Fulton County Government building in Atlanta, Georgia on August 14, 2023. A grand jury has issued an indictment against former President Donald Trump and his Republican associates for their purported efforts to overturn the 2020 election results in the state. (Photo by Joe Raedle/Getty Images)
Joe Raedle/Getty Images
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At the National Conference of State Legislatures following Trump's indictment in August, Pence stated that despite claims by the former president and his allies for more than two and a half years, the Georgia election was not stolen and he had no right to overturn the election on January 6. Unlike the federal probe, Pence has not testified under oath as part of the Georgia case, which included interviewing 75 witnesses for its investigation.
Pence's spokesperson declined to comment on the Georgia case, but Pence's name appearing on the witness list in Georgia is the first clear indication that the Fulton County district attorney's office is preparing to have him testify. Pence has already expressed his readiness to testify as a witness in any federal trial.
In a summer interview with CNN, Pence stated that he would abide by the law if required to testify in the federal case. "I have no intention of testifying, but I will always follow the law," he said, acknowledging the "significant" First Amendment issues at stake in the case.
Still, fifteen defendants are involved in the extensive racketeering case. To date, four of Trump's co-defendants, including three former attorneys, have struck plea deals with prosecutors and agreed to testify in the case.
A representative from the Fulton County district attorney's office told CNN that they are unable to discuss potential witnesses at this stage of the case. Meanwhile, the former vice president faced public pressure from then-President Trump to overturn the 2020 presidential election results during the federal vote certification on January 6, 2021.
Trump's lead counsel in the Georgia case, Steve Sadow, suggested that the DA's office might try to summon Pence as a witness. He also urged for access to documents and materials held by special counsel Jack Smith, which could be pertinent to the separate state case in Georgia. Sadow claimed that Trump's federal case in Washington, DC, closely resembles the one in Fulton County and therefore he requires a list of evidence from that case.
Sadow contended, "This presents a dilemma."
"It's undeniable that the special counsel's office holds significant and pertinent information pertaining to the allegations in this matter," Sadow stated in court.
Sadow specifically referred to the contemporaneous notes taken by Pence after the 2020 election and obtained by Smith's team from the National Archives. Despite their potential importance to the case, Trump's Georgia team and the district attorney's office do not have possession of these notes, especially if Pence is called to testify.
Fulton County Superior Court Judge Scott McAfee acknowledged significant overlap between the two cases and suggested that Georgia prosecutors should consider contacting special counsel Smith to collaborate on discovery matters.
Sadow reached out to Trump's lawyers in the federal case, but they informed him of a court order preventing them from sharing materials with individuals not directly involved in the case. As a result, Sadow proposed that Fulton County prosecutors contact Smith's team and the federal judge in DC to discuss potential arrangements for sharing the materials.
During the hearing on Friday, Fulton County prosecutor Nathan Wade suggested that Sadow subpoena the Justice Department for the federal discovery. Sadow confirmed that he would prepare a subpoena to be sent to Smith's team.
The inquiry into overlapping discovery highlights the difficult situation of Trump potentially facing criminal charges in both state and federal court for actions taken to overturn his 2020 election defeat. This report includes contributions from CNN's Evan Perez.
