Name: Appeals Court Grants Bragg's Request to Temporarily Freeze House Subpeona For Pomerantz
Uploaded: 2023-04-21T17:55:06.000Z
Description: The Second Circuit Court of Appeals this morning issued a temporary administrative hold on the return date of the House Judiciary Committee's congressional subpoena to Mark Pomerantz, a former prosecutor at Manhattan District Attorney Alvin Bragg's office.

Daniel Monaghan is a reporter for NTD News covering culture, social issues, and education. He holds a BA in Political Science and Government.

Daniel Monaghan

NTD Plus

News

News with integrity, from the U.S. and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

White House Week in Review (May 23): Castro Charges, Iran Strike Pause, TrumpRx Expansion

Dave Martin is NTD's Senior Sports Reporter and sports analyst. He also hosts "Data Hub" segments during NTD's special election coverage, "The Nation Decides."

Dave Martin

Cavaliers Need Win to Avoid 0–3 Deficit vs. Knicks

David Lam is a national correspondent based in California and a part-time anchor for "NTD Tonight." Before joining NTD he was a financial analyst.

David Lam

Child Safety Groups Urge FTC to Investigate Roblox

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

‘Tiffany Meier Tonight’ Premieres May 26, 8PM ET

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

DOJ: Chinese Nationals Helped Launder Cartel Funds

Jack Bradley is a Washington correspondent for NTD News based in Washington, D.C. Jack previously anchored "NTD Newsroom" and worked as an assistant producer for the show. 

Jack Bradley

Rubio: China and Russia Arming Cuba, Running Spy Bases 

Christina Corona is a California-based reporter for NTD News. She primarily covers California news, politics, and entertainment.  

Christina Corona

341 Arrested In Operation Firewall

Arian Pasdar is an international correspondent for NTD News based in South America. His reporting focuses on immigration and key events in Latin America.

Arian Pasdar

Rubio Explains Decision to Withdraw 5,000 Troops from Germany

Tulsi Gabbard ‘Transformed the Office in Her Tenure’: Counter-Terrorism Attorney

Sophie Lee is a reporter for NTD News based in Australia, covering business, entertainment, science, and world events.

Sophie Lee

UK Runs NATO War Drill From London Subway Station

NTD Evening News Full Broadcast (May 23)

NTD Evening News Full Broadcast (May 22)

NTD Evening News Full Broadcast (May 21)

NTD Evening News Full Broadcast (May 20)

NTD Evening News Full Broadcast (May 19)

NTD Evening News Full Broadcast (May 18)

Chris Beers is an NTD News anchor and political correspondent based at the network's global headquarters in New York City. Chris co-anchors "NTD News Today" weekdays at 10:00 am ET.

Chris Beers

NTD Evening News Full Broadcast (May 17)

NTD Evening News Full Broadcast (May 16)

NTD Evening News Full Broadcast (May 15)

NTD Evening News Full Broadcast (May 14)

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

State News

California

More Than 17,000 Under Evacuation Orders as Southern California Wildfire Threatens Homes

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

US Government Sues Chick-fil-A Over Religious Rights

Health News

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

Haika Mrema

Medical Plane Crash in New Mexico Mountains Kills 4, Sparks Wildfire

Rudy Blalock is a Southern California-based daily news reporter for NTD. Originally from Michigan, he moved to California in 2017 and the sunshine and ocean have kept him here since. In his free time, he may be found underwater scuba diving, on top of a mountain hiking or snowboarding, or at home meditating—which helps fuel his active lifestyle.

Rudy Blalock

Sports News

Kyle Busch, Two-Time NASCAR Champion, Dies at 41

India Responds to Trump’s Repost of Birthright Citizenship Comment

The Second Circuit Court of Appeals this morning issued a temporary administrative hold on the return date of the House Judiciary Committee's congressional subpoena to Mark Pomerantz, a former prosecutor at Manhattan District Attorney Alvin Bragg's office.

Pomerantz investigated former President Donald Trump's finances before leaving Bragg's office in February 2022 in protest of Bragg's initial unwillingness to bring an indictment against Trump. Bragg then brought the indictment against Trump in late March, prompting Rep Jim. Jordan (R-Ohio), Chair of the House Judiciary Committee, to launch a probe into what Jordan calls a "politically motivated" prosecution against a former president. Jordan <a href="https://www.theepochtimes.com/jordan-subpoenas-former-manhattan-prosecutor-who-pushed-for-trump-indictment_5176674.html">subpoenaed</a> Pomerantz to seek his testimony. In response, Bragg sued the House Judiciary Committee and Pomerantz to prevent Pomerantz from testifying.

The appeals court's Thursday order temporarily froze a lower court's ruling on Wednesday that declined Bragg's request to block Pomerantz from testifying to Congress. It delays Pomerantz's testimony until the appeals court decides if the subpoena should be put on hold permanently or if the lower court’s decision should be reversed.

The court indicates that the order does not reflect its opinion of the merit of Bragg's case but is only a temporary hold to allow it to review Bragg's application. The court instructed the parties to complete court filings on a permanent stay on the ruling on Saturday.

It came as the latest development in the legal clash between House Judiciary Committee lawmakers, which centers on the question of whether Congress has the authority to become involved in the Manhattan DA's prosecution of a former president.

District Judge Mary Kay Vyskocil, a Trump appointee, answered in the negative to that question in a Wednesday ruling. She <a href="https://www.courtlistener.com/docket/67168488/44/bragg-v-jordan/">ordered</a> that the congressional panel has the authority to become involved in the investigation of Trump because it has legitimate legislative interests.

The lower court's order came after an hourlong verbal clash between Theodore J. Boutrous Jr., counsel for Bragg, and House general counsel Matthew Berry in the Southern District Court of New York. It gave the Judiciary Committee’s lawmakers a victory in their legal clash with Bragg.

In her order, Vyskocil ruled in favor of the congressional lawmakers, affirming their stance that the subpoena they issued on Pomerantz serves legitimate legislative purposes and is thus protected from lawsuits by the speech and debate clause of the U.S. Constitution. That clause protects federal legislators from lawsuits for actions that serve a valid legislative purpose.

"It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations in that connection," the judge wrote in her ruling. "Mr. Pomerantz must appear for the congressional deposition."

Vyskocil agreed with the House Judiciary Committee's argument that Congress has a legislative interest because House lawmakers introduced legislation that Pomerantz’s testimony could help inform. This includes a bill that, if enacted into law, would bar the use of federal funds to investigate a sitting or former president (<a href="https://biggs.house.gov/sites/evo-subsites/biggs.house.gov/files/evo-media-document/biggs-alvin-act.pdf" target="_blank" rel="noopener">the Accountability for Lawless Violence In our Neighborhoods</a>, or ALVIN, Act), as well as another that would allow Congress to remove of an action or prosecution against a former president (<a href="https://www.congress.gov/bill/118th-congress/house-bill/2553/text" target="_blank" rel="noopener">H.R. 2553</a>).

Vyskocil added that Congress has the interest and authority to examine whether “politically motivated” prosecutions of a former president would interfere with the duties of a sitting president, as fear of posthoc prosecution might inappropriately influence a sitting president’s decision-making on policy.

The judge further noted that because Pomerantz revealed many details of his investigation of Trump in his book, "People Vs. Donald Trump," the publishing of that book—and Pomerantz's high-profile media appearances on this matter—effectively waived his privileges from speaking to the information contained in the book about his investigation of Trump.

Michael Scotto, who worked for 23 years as a prosecutor in the Manhattan DA’s office, told The Epoch Times in an email on Thursday that Bragg’s lawsuit is still “pretty much dead,” even considering the appeals court's Thursday order extending the subpoena deadline. He agreed with Vyskocil's assessment that Congress has legitimate legislative interests in inquiring about the prosecution of a former president and that Bragg's separation of powers claims would not override those interests.

Another consideration, he added, is that Pomerantz could invoke various privileges at the House hearing—which can be litigated if Congress finds his refusal to answer on privilege grounds is baseless—which weakens Bragg's central claim that Pomerantz's testimony would cause irreparable harm to his case. Additionally, Scotto indicated that Pomerantz's testimony would not significantly interfere with Bragg's criminal case because Pomerantz didn’t work on that case and isn’t currently working for Bragg.

"If there was never a book, we wouldn't be here," Scotto said.

<em>From <a href="https://www.theepochtimes.com/appeals-court-grants-braggs-request-to-temporarily-freeze-house-subpeona-for-pomerantz_5208956.html">The Epoch Times</a></em>

Court

Videos

Politics

04_Top Stories

New York

Latest Clips

Appeals

Gary Bai is a reporter for Epoch Times Canada, covering China and U.S. news.

Gary Bai

Congress

Courts

Donald Trump

Bragg

Trump Indictments

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.