2nd Circuit Stays House GQP Subpoena To Mark Pomerantz For Further Briefing On Appeal

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Update to Trump Appointed Federal Judge Denies Manhattan DA’s Request To Block ‘Gym’ Jordan’s Subpoena.

Politico reports, Appeals court presses pause on House GOP subpoena to former Trump prosecutor:

An appeals court temporarily halted a planned Thursday deposition of former Trump prosecutor Mark Pomerantz, delaying an effort by House Republicans to investigate the office of the Manhattan district attorney.

The brief pause gives the court time to consider arguments from Manhattan District Attorney Alvin Bragg that a subpoena for Pomerantz’s testimony is unconstitutional.

The House Judiciary Committee, chaired by Rep. Jim Jordan (R-Ohio), issued the subpoena to Pomerantz, who previously worked for the district attorney’s office, in the wake of Bragg filing criminal charges against former President Donald Trump late last month.

Bragg then sued Jordan and the Judiciary panel, seeking a court order preventing the House from enforcing the subpoena.

While the Judiciary committee has contended that it wants to study the potential effects that the threat of a future prosecution could have on a president while he is in office, Bragg argued that the House had no legitimate legislative purpose in issuing the subpoena and instead intends to examine the district attorney’s internal deliberations regarding the Trump indictment.

On Wednesday, a [Trump appointed] judge in Manhattan declined to block the subpoena to Pomerantz. “The subpoena was issued with a ‘valid legislative purpose’ in connection with the ‘broad’ and ‘indispensable’ congressional power to ‘conduct investigations,’” U.S. District Judge Mary Kay Vyskocil wrote.

Bragg’s legal team appealed immediately to the U.S. Court of Appeals for the 2nd Circuit, which ordered that Pomerantz’s deposition be put on hold. Jordan and the committee must file briefing to the appeals court by Friday, with Bragg’s response due Saturday.





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1 thought on “2nd Circuit Stays House GQP Subpoena To Mark Pomerantz For Further Briefing On Appeal”

  1. UPDATE: The Hill reports, “House GOP, Bragg reach agreement for ex-prosecutor to testify in Trump indictment probe”, https://thehill.com/regulation/court-battles/3964015-house-gop-bragg-reach-agreement-for-ex-prosecutor-to-testify-in-trump-indictment-probe/

    The Manhattan District Attorney’s Office and the House Judiciary Committee on Friday came to an agreement for Mark Pomerantz, a former senior prosecutor in the office’s criminal investigation of former President Trump, to testify before the panel.

    “This evening, the Manhattan District Attorney’s Office withdrew its appeal in Bragg v. Jordan. Mr. Pomerantz’s deposition will go forward on May 12, and we look forward to his appearance,” a spokesperson for House Judiciary Committee Chair Jim Jordan (R-Ohio) said in a statement on Friday.

    Despite the previous effort to block the deposition, the Manhattan DA’s Office presented the agreement as a win.

    “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,” a spokesperson for the office said in a statement.

    Pomerantz will be questioned by the committee on May 12 alongside legal counsel from the DA’s office.

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