Manhattan District Attorney Alvin Bragg dropped his appeal of a ruling that determined a former prosecutor from his office must testify to the GOP-led House Judiciary Committee about the criminal investigation into former President Donald Trump.
Both sides released statements on Friday night announcing an end to the legal standoff over a subpoena sent to former special assistant district attorney Mark Pomerantz, who insisted Trump was “guilty of numerous felony violations” long before a grand jury indicted the former president over an alleged “catch-and-kill” scheme to influence the 2016 election.
“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,” said Russell Dye, a spokesperson for Judiciary Chairman Jim Jordan (R-OH).
Bragg’s office explained that the breakthrough hinged on a deal allowing one of its lawyers to attend the deposition, which is now set to take place weeks later than was originally planned.
“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,” Bragg’s office said in a statement.
“We are pleased with this resolution, which ensures any questioning of our former employee will take place in the presence of our General Counsel on a reasonable, agreed upon timeframe. We are gratified that the Second Circuit’s ruling provided us with the opportunity to successfully resolve this dispute,” Bragg’s office added.
Jordan is conducting an investigation into the Manhattan case. Trump, who is months into a 2024 presidential campaign, denies any wrongdoing and pleaded not guilty to 34 felony counts of falsifying business records.
In seeking Pomerantz’s testimony, Jordan sent a subpoena, saying the former prosecutor’s statements about the inquiry suggested the Manhattan district attorney’s case was politically motivated. Bragg, a Democrat, then filed a lawsuit seeking to block the subpoena while accusing Jordan of “obstruction and interference.”
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Bragg’s team and Pomerantz moved to appeal on Wednesday after U.S. District Judge Mary Kay Vyskocil, a Trump appointee, found Jordan’s subpoena had been “issued with a ‘valid legislative purpose’ in connection with the ‘broad’ and ‘indispensable’ congressional power to ‘conduct investigations,’” and ruled that Pomerantz must appear for a congressional deposition.
The deposition did not take place as scheduled on Thursday morning as the 2nd U.S. Circuit Court of Appeals in Manhattan agreed to a pause while the next stage of the legal challenge got underway.
In a tweet Friday night, after an agreement had been struck, the House Judiciary Committee dispensed with diplomacy. “Bragg caved. [Jim Jordan] won,” it said.