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Defeated Bragg drops appeal after federal judge rules in favor of Jim Jordan

April 22, 2023 | | Print Article

Manhattan District Attorney Alvin Bragg backed down in his bid to keep House Judiciary Committee Chairman Rep. Jim Jordan (R-Ohio) from subpoenaing former prosecutor Mark Pomerantz.

Bragg dropped his Friday appeal after U.S. District Judge Mary Kay Vyskocil rejected on Wednesday the D.A.’s attempt to block Jordan from investigating Pomerantz’s alleged part in convincing Bragg to charge former President Donald Trump with 34 counts of falsifying business records, in connection to so-called “hush money” payments to porn star Stormy Daniels.

As BizPac Review reported, Bragg filed a federal lawsuit against Jordan, claiming the Republican was attempting to intimidate him and asking the court to stop the enforcement of Pomerantz’s subpoena and invalidate any future subpoenas the committee might bring for him or his staff in the case.

Instead, Vyskocil pointed to a book written by Pomerantz and published this year entitled, “People vs. Donald Trump: An Inside Account.”

In it, Pomerantz admitted to resigning from Bragg’s office in February 2022 when he came to believe Trump would not be indicted. Pomerantz recalled that he told Bragg he was responsible for a “grave failure of justice.”

“Pomerantz is in this situation because he decided to inject himself into the public debate by authoring a book that he has described as ‘appropriate and in the public interest,'” Vyskocil ruled on Wednesday. “Bragg cannot seriously claim that any information already published in Pomerantz’s book and discussed on prime-time television in front of millions of people is protected from disclosure as attorney work product.”

The judge urged both sides to “speak with one another to reach a mutually agreeable compromise regarding how the deposition of Mr. Pomerantz will proceed.”

Bragg immediately appealed the decision, Fox News Digital reported, but on Friday, the warring sides came to an agreement and the appeal was dropped.

Pomerantz can testify, the agreement stipulates, but a lawyer from Bragg’s office will be present and will be allowed to make objections.

A spokesperson for Bragg then got busy spinning the deal into a victory for the D.A.’s office.

“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,” the spokesperson said in a statement. “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 spokesperson for Jordan gave a date for Pomerantz’s much-anticipated deposition.

“This evening, the Manhattan District Attorney’s Office withdrew its appeal in Bragg v. Jordan,” the spokesperson said. “Mr. Pomerantz’s deposition will go forward on May 12, and we look forward to his appearance.”

 

Melissa Fine
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