Appeals court delays ex-prosecutor deposition in GOP investigation over Trump charges
Cami Mondeaux
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An appeals court issued an order delaying a former New York prosecutor from testifying before the House Judiciary Committee as part of Republicans’ efforts to investigate the criminal indictment of former President Donald Trump.
The U.S. Court of Appeals for the Second Circuit granted an administrative stay to temporarily block a subpoena from House Republicans to question former New York County District Attorney Mark Pomerantz. The decision comes just one day after a federal judge rejected an effort by Manhattan District Attorney Alvin Bragg to block Pomerantz’s testimony, ruling the committee has a constitutional right to question him.
JUDGE BLOCKS MANHATTAN DA’S MOVE TO BLOCK HOUSE JUDICIARY COMMITTEE SUBPOENA OF FORMER PROSECUTOR
Bragg filed an appeal shortly after that decision, which was granted on Thursday morning. The order gives the Manhattan district attorney until Friday to make his case, which House Republicans must respond to by Saturday.
Pomerantz was initially scheduled to be deposed by the committee on Thursday, but his appearance will now be delayed until further notice.
Chairman Jim Jordan (R-OH) subpoenaed Pomerantz on April 6 to testify regarding the former attorney’s involvement in the investigation into Trump’s finances and his alleged hush money payments to porn star Stormy Daniels. Pomerantz led that inquiry before resigning last year over District Attorney Alvin Bragg’s initial reluctance to move forward with the case.
Pomerantz was the first to be subpoenaed as part of the GOP investigation. Bragg responded by suing Jordan in an attempt to block the testimony, decrying the effort as an “attempt to undermine an active investigation” with unprecedented “harassment and intimidation.”
Jordan issued the subpoena after requesting Pomerantz and former Manhattan Special Assistant District Attorney Carey Dunne testify before the Judiciary Committee voluntarily, which the former attorney declined. In addition to his testimony, Jordan is also seeking access to any documents related to Pomerantz’s work while in office.
The committee chairman is seeking Pomerantz’s testimony because he said he proves the charges against Trump are politically motivated. Jordan accused Pomerantz of resigning as an act of protest to pressure Bragg to reopen the case, which the chairman argued was politically motivated.
Jordan also referenced a newly published book written by Pomerantz that details his decision to resign and why he believes Trump should be convicted. The Ohio Republican pressed Pomerantz to comply with his request to testify, noting he has “no basis to decline” because he has already been public about several details of the case.
The House Judiciary Committee opened an investigation into Trump’s indictment after the former president was charged with 34 counts of falsifying business records. The charges were unsealed during a court appearance earlier this month and mark the first time a former president faces criminal charges.
In the court documents, Bragg accused Trump of orchestrating a “catch and kill” scheme during the 2016 presidential cycle to identify negative stories about him and pay large sums of money to bury them from public view. After making such payments, Trump is accused of hiding such conduct by making “dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws.”
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In one instance, former Trump lawyer Michael Cohen wired $130,000 to an attorney to be transferred to Daniels to keep quiet about an alleged sexual affair. Cohen later pleaded guilty to the illegal campaign contribution charge in 2018.
At the time of Cohen’s trial, federal prosecutors did not press charges against Trump due to guidance from the Justice Department that a sitting president cannot be charged with a crime. However, prosecutors revived discussions about charges shortly before Trump left office in 2021. The federal government ultimately did not charge Trump.