XPost: alt.fan.rush-limbaugh, misc.legal, sac.politics   
   XPost: talk.politics.guns   
   From: cooncity@splcenter.org   
      
   On 28 Nov 2021, Klaus Schadenfreude    
   posted some news:so1jtu$ejk$46@news.dns-netz.com:   
      
   > edell@post.com wrote   
   >   
   >> Put that nigger lawyer in jail.   
      
   A former prosecutor for the Manhattan district attorney’s office must   
   appear for a deposition before the House Judiciary Committee, despite the   
   DA’s contention that House Republicans are trying to interfere with his   
   investigation into former President Donald Trump.   
      
   In a ruling Wednesday afternoon, U.S. District Judge Mary Kay Vyskocil   
   sided with the arguments presented by the Rep. Jim Jordan-led committee   
   that the panel’s subpoena of former prosecutor Mark Pomerantz was lawful   
   and proper.   
      
   “The subpoena was issued with a ‘valid legislative purpose’ in connection   
   with the ‘broad’ and ‘indispensable’ congressional power to ’conduct   
   investigations,” wrote the judge, who’s a Trump nominee. “Mr. Pomerantz   
   must appear for the congressional deposition. No one is above the law.”   
      
   Bragg filed suit last week in federal court in Manhattan against the   
   committee and Jordan, R-Ohio, charging that they’re improperly trying to   
   interfere with his prosecution of Trump for political reasons.   
      
   Jordan maintained it’s Bragg’s investigation that is politically   
   motivated. His committee subpoenaed Pomerantz, who’d been involved with   
   the DA’s investigation into Trump, to testify Thursday.   
      
   The judge mocked the DA’s 50-page suit in her ruling, saying, “The first   
   35 pages of the Complaint have little to do with the subpoena at issue and   
   are nothing short of a public relations tirade against former President   
   and current presidential candidate Donald Trump.“   
      
   She also took aim at the DA’s contention that the committee was trying to   
   undermine the Trump investigation.   
      
   “There is no question that New York, a sovereign state in our federal   
   system, has authority to enforce its criminal laws through its local   
   prosecutors,” she wrote. “However, the Court rejects the premise that the   
   Committee’s investigation will interfere with DANY’s ongoing prosecution.   
   The subpoena of Pomerantz, who was a private citizen and public   
   commentator at the time Bragg indicted Trump, will not prevent or impede   
   the criminal prosecution that is proceeding in New York state court.”   
      
   The judge added she did not care about the political finger-pointing from   
   both sides in the case.   
      
   “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,” she wrote in her 25-page ruling.   
      
   There was no immediate comment from the DA’s office. At a hearing in the   
   case earlier Wednesday, Bragg’s attorneys indicated that they would ask   
   the 2nd U.S. Circuit Court of Appeals for a stay if Vyskocil didn’t rule   
   in their favor.   
      
   The appeal was filed early Wednesday evening. Pomerantz appealed as well.   
      
   Vyskocil on Wednesday night denied Bragg’s request to pause her order   
   while he appeals, with the judge saying the DA is “not likely to succeed   
   on the merits of any appeal.” That means the deposition is likely to take   
   place Thursday morning as scheduled, unless the appeals court steps in   
   before then.   
      
   A spokesman for Jordan, Russell Dye, said the judge’s earlier “decision   
   shows that Congress has the ability to conduct oversight and issue   
   subpoenas to people like Mark Pomerantz, and we look forward to his   
   deposition before the Judiciary committee.”   
      
   Jordan had argued that Pomerantz’s previous role in the DA’s office   
   leading a probe into Trump’s finances makes him “uniquely situated to   
   provide information that is relevant and necessary” to his committee’s   
   investigation. He’s also noted that Pomerantz has already divulged   
   information on the investigation in a book that was published in February,   
   as well as in media interviews.   
      
   Bragg’s suit sought a court order blocking the subpoena to Pomerantz,   
   calling it an “unprecedently brazen and unconstitutional attack” on an   
   ongoing investigation.   
      
   “Congress has no power to supervise state criminal prosecutions,’” Bragg’s   
   lawyer, Theodore Boutrous, wrote in the lawsuit.   
      
   Jordan, who snubbed a subpoena from the Democratically led House Jan. 6   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   
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