Grand Juries & State Prosecutions
Bragg v. Jordan
Major Issue: Whether a local prosecutor can quash a House Judiciary Committee subpoena seeking sworn testimony from a former prosecutor from the same office related to an ongoing state indictment of a former president.
Case Status: Complete.
Case Description: On April 11, 2023, Manhattan District Attorney Alvin Bragg filed a federal civil lawsuit to quash a subpoena issued by the House Judiciary Committee to obtain sworn testimony from a former prosecutor related to the criminal indictment of former president Donald Trump in connection with payments made to Stormy Daniels. The civil complaint, which also named Judiciary Committee chair Jim Jordan and the former Manhattan DA prosecutor Mark Pomerantz, sought to block all further oversight by the House committee of the pending prosecution. The suit claimed that Congress has “no authority” to oversee a state criminal prosecution “of a single defendant,” that the subpoena would violate grand jury secrecy, that the oversight efforts are part of “a campaign of intimidation, retaliation, and obstruction” aimed at impeding the prosecution, and that “[b]asic principles of federalism and common sense, as well as binding Supreme Court precedent, forbid Congress from demanding” the specified information.
Procedural Posture: U.S. District Court Judge Mary Kay Vyskocil was assigned to the case. The judge scheduled a hearing on April 19, 2023, on a motion by the Manhattan DA to obtain a temporary restraining order against the Judiciary Committee. On April 19, 2023, after a hearing, the district court denied the motion for a temporary restraining order and directed former prosecutor Mark Pomerantz to appear the next day to provide sworn testimony to the Judiciary Committee. The Manhattan DA and Mr. Pomerantz each filed a notice of appeal to the Second Circuit. The Manhattan DA also requested a stay pending appeal which the district court denied. On April 19, 2023, the Second Circuit granted an interim stay of the district court opinion, pending review by a 3-judge panel. On April 21, 2023, the parties settled the case and jointly moved for its dismissal without prejudice.
On April 11, 2023, U.S. Judge Mary Kay Vyskocil, of the Southern District of New York, was assigned to Case No. 23-cv-3032. On April 11, 2023, the judge scheduled a hearing on April 19, 2023, on a motion by the Manhattan DA to obtain a temporary restraining order or preliminary injunction to quash the subpoena and bar further oversight by the Judiciary Committee. On April 19, 2023, after the hearing, the district court denied the motion for a temporary restraining order and ordered former prosecutor Mark Pomerantz to appear the next day to provide sworn testimony to the House Judiciary Committee. The Manhattan DA and Mr. Pomerantz filed appeals to the Second Circuit.
- Complaint filed by Manhattan District Attorney Alvin Bragg (4-11-2023)(50 pages)
- Boutrous Declaration, with exhibits, supporting the complaint (4-11-2023)(8 pages)
- Exhibit 1- Deposition subpoena to Mark Pomerantz (4-6-2023)(8 pages)
- Exhibit 2 – Jordon-Comer-Steil letter to Manhattan DA (3-20-2023)(5 pages)
- Exhibit 10 – Manhattan DA response to Jordon-Comer-Steil letter (3-23-2023)(6 pages)
- Exhibit 11 – Jordan-Comer-Steil reply to Manhattan DA (3-25-2023)(9 pages)
- Exhibit 12 – Pomerantz letter to Judiciary Committee Chair Jim Jordan re subpoena, with Dubek letter attached (3-27-2023)(3 pages)
- Exhibit 21 – DOJ testimony before House Judiciary Committee (3-9-2023)(7 pages)
- Manhattan DA brief supporting temporary restraining order against House Judiciary Committee (4-11-2023)(32 pages)
- SDNY District Court order scheduling hearing on April 19, 2023 (4-11-2023)(2 pages)
- House opposition to Manhattan DA motion for TRO (4-17-2023)(35 pages)
- Pomerantz response supporting TRO (4-17-2023)(7 pages)
- Amicus brief by former members of Congress, prosecutors, and scholars supporting TRO (4-17-2023)(17 pages)
- Amicus letter by 40 former state and federal prosecutors supporting TRO (4-18-2023)(6 pages)
- Manhattan DA reply brief supporting TRO (4-19-2023)(15 pages)
- SDNY District Court opinion denying TRO and ordering former prosecutor to comply with the Judiciary Committee testimonial subpoena (4-19-2023)(25 pages)
- Manhattan DA notice of appeal (4-19-2023)(2 pages)
- Pomerantz notice of appeal (4-19-2023)(1 page)
- Manhattan DA letter requesting stay pending appeal (4-19-2023)(1 page)
- SDNY District Court order denying request for stay pending appeal (4-19-2023)(2 pages)
On April 19, 2023, Manhattan District Attorney Alvin Bragg appealed a district court decision denying his motion to stay a court order requiring former prosecutor Mark Pomerantz to provide sworn testimony to the House Judiciary Committee the next day, on April 20, 2023. He requested both an immediate interim stay and a longer stay pending resolution of the appeal. On April 19, 2023, Second Circuit Court Judge Beth Robinson imposed an interim stay of the district court’s order pending consideration by a three-judge panel and also set a schedule for additional briefing. On April 21, 2023, the parties settled the case and jointly moved for its dismissal without prejudice.
- Manhattan DA brief supporting a motion for an interim stay and longer stay pending appeal (4-19-2023)(283 pages)
- House opposition to interim stay (4-19-2023)(3 pages)
- 2d Circuit order imposing an interim stay (4-19-2023)(2 pages)
- House opposition to stay (4-21-2023)(48 pages)
- Joint motion to dismiss case after settlement (4-21-2023)(9 pages)
No proceedings to date.
