A federal judge on Wednesday denied Manhattan District Attorney Alvin Bragg’s request to block spandex-wearing grapple freak Jim Jordan’s subpoena to former NYC prosecutor Mark Pomerantz, who recently published a book about the office’s investigation into fat former President Trump.
“For the foregoing reasons, the motion for a temporary restraining order enjoining the subpoena to depose Mr. Pomerantz and enjoining Mr. Pomerantz from appearing is DENIED. In our federalist system, elected state and federal actors sometimes engage in political dogfights. Bragg complains of political interference in the local DANY case, but Bragg does not operate outside of the political arena. Bragg is presumptively acting in good faith. That said, he is an elected prosecutor in New York County with constituents, some of whom wish to see Bragg wield the force of law against the former President and a current candidate for the Republican presidential nomination. Jordan, in turn, has initiated a political response to what he and some of his constituents view as a manifest abuse of power and nakedly political prosecution funded (in part) with federal money, that has the potential to interfere with the exercise of presidential duties and with an upcoming federal election.”
“The Court does not endorse either side’s agenda. The sole question before the Court at this time is whether Bragg has a legal basis to quash a congressional subpoena that was issued with a valid legislative purpose. He does not. The parties are encouraged to speak with one another to reach a mutually agreeable compromise regarding how the deposition of Mr Pomerantz will proceed. This Court will retain jurisdiction over this dispute and any ancillary claims arising out of the inquiry by the Committee relating to the use of federal funds in a manner that may influence the 2024 presidential election. In other words, Bragg may not file successive proceedings under a different index number if and when the Committee in fact issues another subpoena that he finds objectionable or if there are issues with respect to the Pomerantz deposition” wrote SDNY Judge Mary Kay Vyskocil in her ruling. Pomerantz is slated to testify at 10 AM on Thursday.
UPDATE 4/19/2023 7:01 PM EDT: Bragg appealed to the 2nd Circuit on Wednesday evening.