Ex-Manhattan Prosecutor Must Testify To House GOP About Trump Case, Judge Rules

Topline

A federal judge on Wednesday ruled a former Manhattan prosecutor who worked on the case that ultimately led to the indictment of former President Donald Trump must testify to a congressional committee, dealing a blow to Manhattan District Attorney Alvin Bragg, who sued to block House Republicans from using a subpoena to compel testimony.

Attorney Mark Pomerantz leaves court in New York City on September 8, 2004. (AP Photo/Mary Altaffer, … [+] File)

Key Facts

The decision from Trump-appointed Judge Mary Kay Vyskocil clears the way for House Republicans to question attorney Mark Pomerantz, who worked on the Trump case for just over a year before resigning from the DA’s office in February of 2022.

Bragg sued Rep. Jim Jordan (R-Ohio)—chairman of the House Judiciary Committee—last week, accusing him of a “brazen and unconstitutional attack” by subpoenaing Pomerantz, arguing Congress does not have oversight of his investigation.

Bragg had argued the subpoena lacked a “valid legislative purpose,” but Vyskocil disagreed, concluding that lawmakers have broad power and it’s “not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberation.”

Bragg may still appeal the decision but he has little time to do so—Jordan is seeking to question Pomerantz in a deposition on Thursday.

Crucial Quote

“We respectfully disagree with the District Court’s decision and are seeking a stay pending appeal,” a Manhattan District Attorney’s office spokesperson said.

Key Background

Republicans on the House Judiciary Committee launched an investigation into Bragg last month, calling his decision to charge Trump with 34 felony counts of falsifying business records an “unprecedented abuse of prosecutorial authority.” Trump surrendered to authorities earlier this month and pleaded not guilty at an arraignment. The charges were related to a $130,000 alleged hush money payment his former fixer, Michael Cohen, paid to porn star Stormy Daniels in the final days of the 2016 presidential campaign in an attempt to keep her from publicly disclosing an affair she claimed to have with Trump years earlier—which Trump has denied. The former president paid back Cohen over the following year but labeled his reimbursements as payments for legal services, which prosecutors say is false. Trump has repeatedly called the investigation a politically motivated “witch hunt.”

Surprising Fact

Republicans’ interest in Pomerantz stems largely from his criticism of Bragg after quitting, accusing the DA of working too slowly to indict Trump. In a book titled People vs. Donald Trump, Pomerantz compares Trump to mobster John Gotti and argues prosecutors could charge Trump with misvaluing his assets. Bragg earlier this year sought to keep a book from Pomerantz detailing his time on the Trump case from being published, arguing it could’ve jeopardized the integrity of his case.

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