(NEW YORK) — A federal appeals court on Thursday issued an administrative stay temporarily blocking the deposition of Mark Pomerantz by the House Judiciary Committee less than two hours before it was set to begin.
The subpoena of Pomerantz, a former prosecutor in the Manhattan district attorney’s office, is part of an investigation into the criminal prosecution of former President Donald Trump by the Republican-led committee chaired by Rep. Jim Jordan.
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.”
District Attorney Alvin Bragg has sought to block the congressional subpoena, but on Wednesday a federal judge had denied his request — marking a win for Jordan, who is leading what he’s claimed is a probe into whether Bragg’s office used federal funds in the investigation of Trump.
Bragg has sued Jordan over the congressional probe, calling it a “transparent campaign to intimidate and attack” the office.
Judge Mary Kay Vyskocil on Wednesday declined to enjoin the subpoena for testimony about Trump’s indictment.
“In our federalist system, elected state and federal actors sometimes engage in political dogfights,” Vyskocil said in her ruling on Wednesday. “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.
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.
Bragg’s office, on the other hand, immediately said it would seek a stay of the judge’s decision.
“We respectfully disagree with the District Court’s decision and are seeking a stay pending appeal,” a spokesperson said on Wednesday.
The appeals court wrote Thursday a three-judge panel will consider Bragg’s appeal of a Wednesday ruling allowing the subpoena to move forward, and that its Thursday order “reflects no judgment regarding the merits of the parties’ respective positions.”
ABC News’ Katherine Faulders contributed to this report.
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