By
What’s House Judiciary Committee Chair Jim Jordan’s true purpose in trying to depose Mark Pomerantz, the former Manhattan prosecutor who investigated Donald Trump? Legally, it might not make a difference. Here’s why.
The far-right congressman from Ohio has waged a partisan battle against Manhattan District Attorney Alvin Bragg, who committed the sin of prosecuting Jordan's de facto party leader. Jordan's committee has subpoenaed Pomerantz, who wrote a tell-all book about his time trying to take Trump down while working under Bragg’s predecessor, Cy Vance. Pomerantz left the office when Bragg took over — and Bragg didn't immediately go forward with charges against the former president.
However nakedly partisan Jordan’s quest on Trump's behalf is in reality, it might not prevent him from deposing Pomerantz eventually.
Bragg sued to block Jordan from deposing Pomerantz, arguing, among other things, that the congressman was just trying to undermine his case against Trump and didn’t have a valid legislative purpose for the subpoena. But Trump-appointed Judge Mary Kay Vyskocil, sitting in Manhattan, rejected Bragg’s motion on Wednesday, reasoning that the court “is required to presume that a congressional committee’s stated legislative object is ‘the real object.’” She noted Jordan’s stated aims of investigating the DA’s use of federal funds and potentially legislate to remove criminal actions against presidents from state to federal court.
That is, as Vyskocil put it, “even if Bragg’s hypotheses about the committee’s real motivations were correct, they are irrelevant.” So even if the Trump appointee understands Jordan’s real goal is to mess with Bragg on Trump's behalf, Jordan's ulterior motives may be beside the point legally. Simply put, the law gives Congress great power to investigate. (Of course, Jordan infamously defied legal process from the House Jan. 6 committee.)
Still, Bragg has appealed to the 2nd Circuit Court of Appeals, which temporarily blocked the Pomerantz deposition that was set for Thursday. To be sure, that temporary halt doesn't dictate how the appeals court will rule. But as litigation in the case continues, it’s important to remember that, however nakedly partisan Jordan’s quest on Trump's behalf is in reality, it might not prevent him from deposing Pomerantz eventually. What questions Pomerantz would actually be forced to answer is another matter, but Bragg might not be able to stop his appearance outright.