Manhattan District Attorney Alvin L. Bragg Jr. tried to pull a fast one by seeking a temporary restraining order to block a congressional subpoena.
But guess what?
On April 19, U.S. District Judge Mary Kay Vkskocil saw through the smoke and mirrors and denied the request.
Mr. Pomerantz must appear for the congressional deposition because, as the court reminds us, no one is above the law.
Congressman Jim Jordan and the Committee on the Judiciary issued a subpoena to Mark F. Pomerantz, a former pro bono employee of the Office of the District Attorney for New York County, due to his unique role in the investigation into President Trump’s finances.
The court found that the subpoena was issued with a “valid legislative purpose” and therefore could not be blocked.
The fact that Bragg tried to block the subpoena without providing a good reason only highlights the political gamesmanship at play.
But at the end of the day, the court did its job.
“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,” Judge Vkskocil wrote. “He does not.”
It saw through the political posturing and made a decision based on the law.
“One additional thing about the decision really struck me,” said David Carroll, a former constitutional attorney and chairman of Christian Action Network.
“Every lawyer litigating a matter involving a potential Temporary Restraining Order knows that every court, every judge, require reasonable attempts be made to deliver a copy of the complaint to the opposing party before approaching the judge.
“But in her opinion, the judge pointed out that Bragg didn’t bother to do that before approaching the court to issue an order. Bragg ignored the court rule requiring it (in other words, he tried to cheat) raising serious ethical issues. Bragg seems to think the rules don’t apply to him. Bragg’s effort at dirty pool got smacked down.”
Bragg may not like it, but the court’s decision shows that our system is working.
It’s a victory for the rule of law and a reminder that nobody – not even the Manhattan District Attorney – is above it.
So, let’s tip our hats to the court for seeing through the theatrics and standing up for the law.
The court’s decision sends a clear message: it’s not the federal judiciary’s role to dictate what legislation Congress may consider or how it should conduct its deliberations.
The American people deserve better than political gamesmanship and baseless attempts to block valid legislative inquiries.