Mark Pomerantz, author of “The People and Donald Trump: Inside Accounts,” appears on “Meet the Press” in Washington, DC, Feb. 12, 2023.
William B. Farmer | NBCUniversal | Getty Images
A former prosecutor declined to answer questions during his testimony on Friday House Judiciary Committee Regarding the criminal investigation into Donald Trump, in which he had a starring role.
The Judiciary Committee, chaired by Rep. Jim Jordan of Ohio and a close Republican ally of Trump, has been investigating whether the investigation and charges against Trump by the Manhattan District Attorney’s Office were politically motivated.
In opening statements prepared for his testimony and obtained by NBC News, former prosecutor Mark Pomerantz called the Judiciary Committee’s request to testify “a political show.”
“Fortunately, I don’t have to cooperate with the cynical posturing that this testimony represents,” Pomerantz said.
He argued that he had the right not to answer questions if they were not relevant to a “legitimate legislative function”.
“We are gathered here because Donald Trump supporters want to use these processes to try to obstruct and disrupt the pending criminal case against him, and to harass, intimidate and discredit anyone who investigates or charges him,” Pomerantz said.
He also cited Trump’s recent criminal indictment in New York The alleged falsification of business records related to a hush money was another reason he declined to answer questions about the investigation.
“Before politicians second-guess their decisions on merit or charges, it’s up to a judge and jury to hear and decide on the charges against Mr. Trump,” Pomerantz said.
He added that the prosecutor’s office has directed him to maintain the office’s privilege and confidentiality requirements to protect the integrity of the criminal case against Trump.
Pomerantz also cited his Constitutional Fifth Amendment right not to answer questions that could be used against him in a criminal case.
He noted that the district attorney’s office had warned him that he could face criminal charges if he disclosed grand jury material, and that a lawyer for the prosecutor had said that a book he wrote about the Trump case ” make (him) bear criminal responsibility”. Pomerantz added that he does not believe he committed any crime.
Committee member Rep. Darrell Issa, R-Calif., later told reporters that Pomerantz declined to answer any questions during his testimony.
“In my 20-plus years in Congress, I’ve never had a more obstructive and uncooperative witness,” Issa said, according to NBC News.
“I can tell you with great confidence that after more than 20 years of doing so, this witness and the Manhattan District Attorney’s Office … have absolutely no intention of allowing any cooperation with this committee,” he added.
Jordan later told a pool reporter, “I can’t speak to what Mr. Pomerantz may or may not have said – just committee rules.”
“But I think in some ways, I was surprised by some of the positions he took,” Jordan said.
Asked about the possibility of the committee trying to hold Pomerantz in contempt of the subpoena, Jordan said, “We’re going to talk to the team.”
“I don’t have anything to say,” Pomerantz said as he left the committee room.
His lawyer, Ted Wells, said Pomerante’s opening remarks were “very clear about what happened.”
Earlier this year, the Judiciary Committee subpoenaed Pomeranz, who had been the top prosecutor investigating Trump.
Pomerantz made a dramatic exit from the prosecutor’s office in early 2022 after new District Attorney Alvin Bragg decided to suspend the investigation.
At the time of his resignation, Pomerantz said in a letter to Prague that there was “no doubt” Trump committed crimes related to the valuation of real estate assets used to obtain loans, tax breaks and insurance coverage. Pomerantz went on to write a book detailing his work on the investigation.
Bragg reopened the investigation in late 2022 into whether Trump committed a crime by misrepresenting in business records the nature of reimbursements and other payments to his former lawyer and middleman, Michael Cohen, after Cohen made a public complaint ahead of the 2016 presidential election. Paid $130,000 to porn star Stormy Daniels.
Cohen paid Daniels to keep quiet about her claims that she had a sexual relationship with Trump years ago. Trump denies having sex with Daniels.
Trump was indicted on business records charges in late March. He has pleaded not guilty in the case, the first criminal charge ever brought against a sitting or former U.S. president. The case is not expected to go to trial until next year at the earliest, when Trump is vying for the 2024 Republican presidential nomination.
Bragg sued the Judiciary Committee in Manhattan federal court in April to block the subpoena to Pomerantz, calling it an “unprecedented, shameless and unconstitutional attack” on the Trump investigation.
But on April 21, the district attorney and the panel reached an agreement that allowed Pomerantz to testify Friday.
In his opening statement as he testified, Pomerantz said he “respects the rule of law,” which “requires witnesses to testify in response to a subpoena.”
“What I don’t respect is using the committee’s subpoena power to force me to participate in a political show,” he said.