Federal prosecutors seek to compel Pence to testify in special counsel probe

(CNN) — Federal prosecutors have asked a judge to compel former Vice President Mike Pence to testify in special counsel Jack Smith’s investigation, according to a person familiar with the matter.

The move comes after Pence was subpoenaed and attorneys for former President Donald Trump asserted executive privilege over Pence’s testimony. The battle over the subpoena is playing out under seal in federal court in Washington, DC.

Prosecutors have previously filed motions with other witnesses to overcome privilege claims in sealed court hearings. But those efforts have largely come after the witness testified before a grand jury and refused to answer certain questions citing privilege concerns. In this case, prosecutors are aiming to quash the executive privilege claims before Pence testifies.

The effort to compel Pence’s testimony was previously reported by CBS.