Rep. Jim Jordan had been trying to subpoena Mark Pomerantz, a former prosecutor in Manhattan DA Alvin Bragg’s office, until Bragg filed suit to prevent it.
But a federal judge sided with Jordan and now Pomerantz, who is expected to shed some light on Bragg’s investigation into Donald Trump, will answer questions about the case.
“It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations,” the judge wrote, adding, “Mr. Pomerantz must appear for the congressional deposition. No one is above the law.”
Bragg’s office responded by trying to put lipstick on a pig.
“Our successful stay of this subpoena blocked the immediate deposition and afforded us the time necessary to coordinate with the House Judiciary Committee on an agreement that protects the District Attorney’s privileges and interests. We are pleased with this resolution, which ensures any questioning of our former employee will take place in the presence of our General Counsel on a reasonable, agreed upon timeframe. We are gratified that the Second Circuit’s ruling provided us with the opportunity to successfully resolve this dispute,” a Manhattan DA spokesperson said in a statement.
In the ruling, Vyskocil said that the subpoena is valid.
“In our federalist system, elected state and federal actors sometimes engage in political dogfights,” he said. “Bragg complains of political interference in the local DANY case, but Bragg does not operate outside of the political arena. Bragg is presumptively acting in good faith.”
“That said, he is an elected prosecutor in New York County with constituents, some of whom wish to see Bragg wield the force of law against the former President and a current candidate for the Republican presidential nomination,” the judge continued.
If Jordan is going to try to prove that Bragg is on a political witch hunt, he probably won’t get much from Pomerantz, who was the lead investigator in the criminal case against Trump.
Pomerantz investigated Trump and his business empire before he resigned from the DA’s office last year, and Republicans argue that his public comments suggest that the charges brought against Trump are politically motivated. In his resignation letter, Pomerantz said Trump was “guilty of numerous felony violations” related to his annual financial statements.
Pomerantz is set to testify on May 12 before the panel, and a lawyer from the district attorney’s office will be able to sit in on the deposition, the two sides acknowledged in statements.
“Pomerantz’s deposition will go forward on May 12, and we look forward to his appearance,” Russell Dye, a spokesperson for Chairman Jim Jordan, said in a statement.
Jordan is on a mission to raise doubts about the legitimacy of Bragg’s investigation. Even though everyone in the United States knows it’s a political witch hunt, there’s very little hard evidence that Jordan can use to discredit the prosecutor.