Marc Short: Former Pence chief of staff appears before grand jury on January 6

Short’s involvement — reported earlier by CNN, citing a source familiar with the matter — makes him the most high-profile witness known to have testified in the criminal investigation into the attack on the US Capitol. His testimony indicates that prosecutors are examining Trump’s White House as part of their investigation, which has extended beyond the rioters who breached the Capitol.

“I can confirm that I received a subpoena for the federal grand jury, and I have complied with that subpoena,” Short told CNN’s Erin Burnett on “OutFront.” “But under the advice of a lawyer, I really can’t say much more than that.”

The New York Times and the Wall Street Journal reported on Monday that a second former aide to Pence, Greg Jacob, was subpoenaed in connection with the investigation and testified before the federal grand jury. As Pence’s general counsel, Jacob was instrumental in fighting efforts to persuade the then vice president not to certify election results and was part of Pence’s team that pushed aside fringe legal theories.

Earlier this year, the Justice Department expanded its investigation beyond the rioters who breached the Capitol into raising funds and organizing the political rally that served as a prelude to the riot as well as efforts aimed at overturning the Electoral College vote count.

The Justice Department issued multiple subpoenas to Republican operatives tied to the plan to propose “alternate” voters, and the grand jury heard testimony from “Stop the Steal” organizer Ali Alexander in June.

Short and his attorney, Emmet Flood, were seen Friday leaving the federal courthouse where a federal grand jury is hearing testimony related to Jan. 6 and efforts to nullify the 2020 presidential election. ABC was the first to report account of his testimony.

Short was at a meeting at the White House two days before the Capitol attack in which Trump and attorney John Eastman tried to persuade Pence that he had the power to stop certification of election results.

The Justice Department did not immediately respond to a request for comment.

The House Select Committee, which is conducting a separate and parallel investigation into Jan. 6, declined to comment. Short testified before the committee in January.

Earlier Monday, a video posted by Democratic Representative Elaine Luria of Virginia, who sits on the panel, showed a copy of Trump’s speech on Jan. 7, 2021, with edits that Ivanka Trump identified as coming from her father.

Among the lines Trump crossed out were “I call on the Department of Justice to ensure that all offenders are prosecuted to the fullest extent of the law” and “Legal consequences must be swift and firm.”

Asked by Burnett about the changes on Monday night, Short said: “Certainly there were probably people who were foolishly caught up in the events that were unfolding on the 6th. But I think it’s unfair to describe the rioters as patriots or simply to express their first amendment rights.”

This story was updated with additional developments on Monday.

Leave a Comment