A federal appeals panel temporarily blocked the testimony Thursday of a former prosecutor in the New York investigation of Donald Trump while the case is argued.
The administrative decision at the 2nd U.S. Circuit Court of Appeals halts a deposition scheduled Thursday at 10 a.m. at the House Judiciary Committee for Mark Pomerantz, who used to work in Manhattan District Attorney Alvin Bragg’s office.
Under the order from court clerk Catherine Wolfe, Bragg must submit his written arguments by 3 p.m. Friday and Jordan must repond by 3 p.m. Saturday, so a three-judge panel of the appeals court can decide the case.
Judiciary Chairman Jim Jordan, R-Ohio, subpoenaed Pomerantz to ask about Bragg’s investigation of Trump. The former president has been charged with 34 counts of falsifying business records to make hush payments to an adult film actress.
Jordan and other Republicans have argued Bragg is pursuing a political prosecution. But Bragg argued House Republicans are trying to defend Trump by interfering with a local criminal case.
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U.S. District Judge Mary Kay Vyskocil ruled Thursday that Pomerantz would have to testify. She said Bragg had no legal reason to prevent a congressional subpoena with a valid legislative purpose.
“Mr. Pomerantz must appear for the congressional deposition,” wrote Vyskocil, who was appointed by Trump. “No one is above the law.”
Bragg appealed that decision, arguing if Pomerantz’s testimony could be a “serious risk” to interfere with the criminal case against Trump.
But Matthew Berry, general counsel to the House, argued against a delay in the testimony by saying Bragg is unlikely to win when the case is resolved.
“The Committee is legally entitled to take Mr. Pomerantz’s deposition, and any relief interfering with the scheduled deposition would be improper,” Berry said in a letter to the court.
This article originally appeared on USA TODAY: Trump case: Appeals court blocks House testimony of former prosecutor
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