In a March ruling, the judge also said Pence can still decline to answer questions related to Jan. 6.

Pence spokesman Devin O'Malley said in a statement on Wednesday that Pence's argument that the subpoena violated the U.S. Constitution's "Speech or Debate Clause" had been vindicated by the court.

"The Court’s landmark and historic ruling affirmed for the first time in history that the Speech or Debate Clause extends to the Vice President of the United States," O'Malley said. "Having vindicated that principle of the Constitution, Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law.”