Today, Manhattan DA Alvin Bragg filed a complaint and motion for a TRO and preliminary injunction seeking to quash a subpoena that was served by a Congressional committee on former Special ADA Mark Pomerantz. The subpoena seeks testimony about the New York State criminal prosecution and investigation of former President Trump. Judge Vyskocil declined to issue a TRO, but ordered expedited briefing and set a hearing on the preliminary injunction motion for next week.
The subpoena target, Mr. Pomerantz, participated in the Manhattan DA's investigation of former President Donald Trump and his businesses. Congressman Jim Jordan served the subpoena in his capacity as Chairman of the House Committee on the Judiciary, and the subpoena seeks a deposition of Mr. Pomerantz on April 20.
DA Bragg's Complaint argues that Mr. Jordan is seeking "highly sensitive and confidential local prosecutorial information that belongs to the Office of the District Attorney and the People of New York" and that "[b]asic principles of federalism and common sense, as well as binding Supreme Court precedent" forbid such a request from Congress, which has no authority to supervise state criminal prosecutions:
[S]ubpoenaing a former line prosecutor to talk about an ongoing criminal prosecution and investigation is no less of an affront to state sovereignty than subpoenaing the District Attorney himself. Chairman Jordan claims he is seeking to conduct "oversight." But he has no power under the Constitution to oversee state and local criminal matters. By definition, then, he has no legitimate legislative purpose for issuing this subpoena. The subpoena threatens the sovereign powers of the States, confidence in the secrecy of grand jury proceedings, and the integrity of an ongoing criminal prosecution. This Court should enjoin its enforcement.
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