A Manhattan prosecutor who quit in February believed former President Donald Trump was “guilty of numerous felony violations” and it would be a “grave failure of justice” not to bring charges, according to his resignation letter.
The letter obtained by The New York Times sheds light on the rift between Mark F. Pomerantz, who resigned Feb. 23, and Manhattan District Attorney Alvin Bragg, who suddenly stopped his pursuit of an indictment against the ex-president. Another senior prosecutor, Carey R. Dunne, quit the same day as Mr. Pomerantz.
The Pomerantz letter said the district attorney’s office could have convicted Mr. Trump, who faces civil and criminal probes over accusations he manipulated financial statements to secure advantages for the Trump Organization in New York.
“The team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes — he did,” Mr. Pomerantz wrote.
The newspaper’s report said Mr. Pomerantz and Mr. Dunne wanted to charge Mr. Trump with altering business documents on annual financial statements, a felony in New York.
Mr. Bragg’s decision to back off, citing wariness about his office’s ability to prove the charges, resulted in a bombshell last month and could reverberate in the political sphere as Mr. Trump mulls a 2024 presidential run.
However, the criminal inquiry is ongoing, and New York Attorney General Letitia James wants to depose Mr. Trump and his adult children in a civil probe.
The Pomerantz letter is the latest chapter in the saga and underscores his confidence that prosecutors could prove Mr. Trump inflated the value of his golf clubs, hotels and office buildings even though Mr. Bragg was leery.
“No case is perfect,” Mr. Pomerantz wrote. “Whatever the risks of bringing the case may be, I am convinced that a failure to prosecute will pose much greater risks in terms of public confidence in the fair administration of justice.”
Mr. Trump’s lawyer, Ronald P. Fischetti, told the Times that charges would be unwarranted and that Mr. Pomerantz “had the opportunity to present the fruits of his investigation to the D.A. and his senior staff on several occasions and failed.”
“We should applaud District Attorney Alvin Bragg for adhering to the rule of law and sticking to the evidence while making an apolitical charging decision based solely on the lack of evidence and nothing else,” Mr. Fischetti said.
The Trump Organization labeled Mr. Pomerantz a “never-Trumper.”
“Never before have we seen this level of corruption in our legal system,” it said.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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