Former US President Donald Trump has lost an appeal to block former Vice President Mike Pence from testifying in the special counsel probe into efforts to overturn the results of the 2020 presidential election, CNN reported on Wednesday.

Earlier this month, Trump lawyers filed the appeal after a ruling related to the Justice Department investigation of efforts to undermine the election that Trump, a Republican, lost to Democrat Joe Biden.

However, Pence disclosed that he would not appeal a judge’s ruling that requires him to testify to a federal grand jury about conversations he had with Trump leading up to the deadly attack on the US Capitol on Jan. 6, 2021.

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The unanimous decision, from the judges Patricia Millett, Robert Wilkins and Greg Katsas on the DC circuit Court of Appeals, came in a sealed case on Wednesday night, CNN said.

A representative for Pence had no comment. A representative for Trump did not immediately respond to a Reuters request for comment.