Attorneys for former President Donald Trump have appealed to block former Vice President Mike Pence from testifying before special counsel Jack Smith and his Jan. 6 investigation.

Pence has declined to appeal a ruling ordering him to testify, but Trump filed the appeal in recent days on the grounds of executive privilege, sources told Bloomberg News. …

The appeal was filed with the U.S. Court of Appeals for the D.C. Circuit, according to the sources.

[There were some eyebrows raised last week when Pence declined to appeal the ruling in district court that required him to cooperate with a deposition. The privilege claim in question comes from Trump, however. Pence had tried to claim that he could refuse to cooperate based on his legislative role as president of the Senate at the time of the January 6 riot, but that was always a long-shot argument in court. Presidential privilege is almost as unlikely to succeed, of course, because that privilege expires when presidents leave office, but Trump wants to litigate that point to the end. Stay tuned. — Ed]