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Manhattan DA Files Lawsuit Against Republican Congressman Over Trump Criminal Case Subpoena

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published April 12, 2023

By Author - LawCrossing

Manhattan DA Files Lawsuit Against Republican Congressman Over Trump Criminal Case Subpoena

On Tuesday, Manhattan District Attorney Alvin Bragg filed a lawsuit against Republican U.S. Representative Jim Jordan for what Bragg considers an "unconstitutional attack" on the current criminal case against former President Donald Trump in New York. The lawsuit aims to prevent the House of Representatives Judiciary Committee, chaired by Jordan, from subpoenaing Mark Pomerantz, a former prosecutor who oversaw the Manhattan district attorney's investigation of Trump, to appear before the committee for a deposition. Trump, a Republican, recently pleaded not guilty to falsifying business records to conceal a payment made to a porn star before the 2016 election to silence her about an alleged affair with Trump.
 
In a lawsuit, Manhattan District Attorney Alvin Bragg, a Democrat, accused Republican members of Congress of infringing on the state's criminal case against former President Donald Trump. Bragg's office asserted, "Members of Congress are not free to invade New York's sovereign authority for their or Mr. Trump's political aims." It accused Jim Jordan of attempting to use Mark Pomerantz's subpoena as a pretext for a "retaliatory political circus." Pomerantz, who previously led the Manhattan district attorney's investigation of Trump, left the office shortly after Bragg assumed his position in early 2022. He chose not to pursue an indictment against Trump based on a comprehensive investigation into his business practices. Earlier this year, Pomerantz criticized Bragg's decision not to file charges against Trump in a book he published and also revealed that prosecutors had explored the possibility of tasks related to the hush money payments but were hesitant because they were based on a novel legal theory that might not withstand legal scrutiny.
 
Last week, Jim Jordan announced the subpoena of Mark Pomerantz, citing Pomerantz's public statements as evidence that the case against Trump was politically motivated. However, Bragg's office stated that Pomerantz's case was not ready for a deposition.
United States
 
Bragg's office also argued in the lawsuit that if Pomerantz believed the prosecution was politically motivated, he could raise the issue in court. Bragg's office further asserted that Jordan could not use Congress's limited subpoena power for political retaliation or obstruction.

On Monday, the Judiciary Committee announced plans to hold a "field hearing" in New York about what it referred to as an increase in violent crime caused by Bragg's policies. In response, Bragg stated that murders, shootings, burglaries, and robberies in Manhattan have all decreased this year compared to last year.
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