Major Garrett

All that is during his time as VP of the United States, not as "president of Senate." But will be up to a judge to ultimately decide, should Pence testify as now expected, about just how far the special counsel can go in terms of the scope of questions on Trump's conduct.

On the morning of Jan. 6, you take a call with Trump. What did you say to him when he berated you for not doing his bidding? Who else did you speak with that morning ahead of issuing your letter and going to the Capitol?

Late on Jan. 5, 2021, you return home to dinner. A group dinner, some supporters there. Friends. Did anyone else call you that night? Or reach out to your advisers? The next morning, Jan. 6, you stay home and don't go to the White House. Take me through that decision and moment.

A day later, on Jan. 5, 2021, President Trump called you into the Oval Office to talk, one on one. What exactly did he say to you? What did he say about his desire to stay in power? What did he outline as his hopes for Jan. 6? Did he give you any documents?

Here are some looming questions... On Jan. 4, 2021, John Eastman pressured you to act, to your face, in the Oval. What did he say? What did Trump say? How did they follow up? Did you take it as a directive or a suggestion on how to handle your job as vice president?

Pence's spokesman's statement today underscores that he will follow the rule of law. A sign of where he stands, how he'll handle. So as long as special counsel asks questions that are arguably outside realm of "President of Senate" hat Pence wore as VP, testimony seems possible.

Pence has long been reluctant to talk at all, even to confidants, about what Trump has said to him in private. Pence has protected his confidence with Trump for years. But he is also someone who knows a subpoena to testify is what it is: a demand to follow the rule of law.

Think about what this means. The special counsel could now get a first-hand account of what Trump specifically said to Pence in Oval Office meetings ahead of Jan. 6, as long as Pence and his lawyers do not consider those conversations related to his specific constitutional role.

Trump's lawyers might try to appeal Pence's decision, but they keep losing efforts to assert exec. priv. with this grand jury. That means Pence could appear before Jan. 6 grand jury in the coming weeks to testify under oath about what exactly Trump did and said in private.

(thread) This Pence development today is significant and potentially historic. A former vice president is now willing, within certain specified constitutional grounds his lawyers fought to arrange, to testify about potential illegal acts by a president. cbsnews.com/news/mike-pence-…