A federal judge ruled Wednesday that the House can serve a subpoena on a former New York prosecutor who could shed light on the Manhattan district attorney’s pursuit of criminal charges against former President Donald Trump.
“No one is above the law,” said U.S. District Judge Mary Kay Vyskocil as she ordered Mark F. Pomerantz to deliver testimony to the House Judiciary Committee.
Mr. Pomerantz formerly worked for the Manhattan district attorney’s office and helped lead the probe into Mr. Trump. Mr. Pomerantz left the office and wrote a book arguing Mr. Trump should be prosecuted.
After current Democratic District Attorney Alvin Bragg did indict Mr. Trump, on a novel legal case that accuses him of using personal money to assist his 2016 campaign by making a hush payment to a porn star, House Republicans cried foul.
Judiciary Committee Chairman Jim Jordan said Mr. Pomerantz could shed light on the goings-on in the district attorney’s office, and he issued a subpoena compelling him to appear and talk.
Mr. Bragg then asked a federal court to kill the subpoena — a request Mr. Pomerantz joined.
Judge Vyskocil, a Trump appointee to the bench, refused.
She said Congress has wide latitude to pursue investigations, and Mr. Jordan has said the district attorney’s office used federal forfeiture funds in its investigation into Mr. Trump, creating a federal connection.
Judge Vyskocil cited portions of Mr. Pomerantz’s book that said the hush-money case against Mr. Trump had been labeled a “zombie” within the district attorney’s office, and his conclusion that the case “did not amount to much in legal terms.”
Mr. Pomerantz specifically rejected the idea that hush-money payments could be a felony. In his book, he also said it was a matter for federal prosecutors, not the district attorney.
That felony argument is at the crux of Mr. Bragg’s case against Mr. Trump.
Judge Vyskocil accused Mr. Bragg of abusing the federal court process and said much of his argument smacked of politics. She called it “nothing short of a public relations tirade against former President Donald Trump and current presidential candidate Donald Trump.”
Mr. Bragg had argued that allowing Mr. Jordan to step in would interfere with his prosecution.
The judge rejected that, finding that Mr. Pomerantz is now a private citizen.
Russell Dye, a spokesman for Mr. Jordan, hailed 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,” Mr. Dye said.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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