In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President Mike Pence could be subpoenaed to appear in court to testify whether he knew that Donald Trump had taken classified documents out of the White House.

Could they subpoena Mike Pence to testify whether he knew that Donald Trump had taken classified documents out of the White House?

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    Would Mike Pence incriminate himself if he testfied that he knew?
    – gnasher729
    Jun 13 at 19:47
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    @gnasher729 An uncoorperative witness is not a barrier to subpeona. The probative value of the testimony balanced against undue prejudice (i.e. is Peance being called because he can contribute material facts to aide in the verdict outcome in the case OR is Pence being called because him turning on Trump will make Trump look bad irrespective of the material facts he testifies too). If he's not cooperative, he can be treated as a hostile witness and he can still resist by pleading the 5th (which is not grounds to assume guilt.).
    – hszmv
    Jun 13 at 19:55
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    (1) Is it actually in dispute whether the documents were removed? I mean, if they weren't, then they would still be there. (2) Is there particular reason to think that Pence would know anything about it? I don't get the sense that he and Trump were particularly close around that time. Jun 13 at 19:59
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    In general, anyone can be subpoena'ed to testify about anything, subject to usual rules about relevance, etc. Are you asking whether Pence's status as a former vice president makes him somehow exempt from those rules? Jun 13 at 21:02
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    @NateEldredge, yes, that is basically what I am wondering about.
    – user57467
    Jun 14 at 1:24

1 Answer 1


Yes... whether the judge will grant the subpoena is another matter and one that it is to premature to speculate on. With what I have seen of the indictment, Pence was not named as a witness in the investigation, which will call into question why he is being asked to testify to events that were not used to indict Trump (if he saw something, that should come out in the investigation prior to trial.). Without some show that the testimony was material to the investigations findings and the charge I doubt it would be granted... but there's nothing stopping the prosecution for requesting the subpoena.

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