(NEW YORK) — A federal judge has denied Manhattan District Attorney Alvin Bragg’s request to block a congressional subpoena for a former prosecutor in Bragg’s office who investigated former President Donald Trump.
Judge Mary Kay Vyskocil on Wednesday declined to enjoin the subpoena for testimony about Trump’s indictment, clearing the way for Mark Pomerantz to be interviewed privately Thursday before the House Judiciary Committee.
Pomerantz was a special assistant district attorney who resigned in 2022 over Bragg’s unwillingness to pursue a case against Trump. After Pomerantz left Bragg’s office, he wrote a memoir about his experience, telling ABC News in February he felt “strongly you do have to apply the same legal standards to everyone, regardless of your president or pauper.”
The subpoena seeking testimony from Pomerantz is the first to be issued by the Republican-controlled committee. Bragg has sued the GOP chairman, Rep. Jim Jordan, over the congressional probe, calling it a “transparent campaign to intimidate and attack” the office.
The decision is a win for Jordan, a Trump ally who subpoenaed Pomerantz as part of what he’s claimed is a probe into whether Bragg’s office used federal funds in the investigation of the former president.
Bragg’s office immediately said it was seeking a stay of the judge’s decision.
“We respectfully disagree with the District Court’s decision and are seeking a stay pending appeal,” said a spokesperson.
“In our federalist system, elected state and federal actors sometimes engage in political dogfights,” Vyskocil said in her ruling. “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.”
“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. Mr. Pomerantz must appear for the congressional deposition. No one is above the law,” Vyskocil’s decision said.
The judge urged Bragg and Jordan to “reach a mutually agreeable compromise” about the deposition of Pomerantz, which is scheduled for 10 a.m. Thursday in Washington, D.C.
A spokesperson for Jordan celebrated the judge’s ruling.
“Today’s decision shows that Congress has the ability to conduct oversight and issue subpoenas to people like Mark Pomeranz, and we look forward to his deposition before the Judiciary Committee,” said spokesman Russell Dye.
ABC News’ Katherine Faulders contributed to this report.
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