Trump Prosecutor Response to Question About Breaking Law Raises Eyebrows

Testimony from ex-prosecutor Mark Pomerantz on his investigation of Donald Trump is bolstering conservatives' beliefs—including those of GOP Representative Matt Gaetz, who called the trial a "sham" to Newsweek—that Pomerantz and other Democrats have long intended to take down the former president without just cause.

New video released from a May 1, 2023, deposition shows the former special assistant to Manhattan District Attorney Alvin Bragg pleading the Fifth Amendment multiple times to various questions posed by Republican members on the U.S. House Judiciary Select Subcommittee on the Weaponization of the Federal Government.

Matt gaetz
GOP Representative Matt Gaetz of the House Armed Services Committee on Tuesday listens to testimony in Washington, D.C. Gaetz questioned prosecutor Mark Pomerantz, who has been accused by Republicans of unfairly targeting former President Donald... Chip Somodevilla/Getty Images

One question in which Pomerantz pleaded the Fifth was asked by Republican Representative Matt Gaetz: "Did you knowingly break any laws when investigating President Trump?"

The Florida conservative also asked Pomerantz if he broke any laws when he worked at the Manhattan District Attorney's Office, as well as whether he violated anyone's constitutional rights or New York State Bar rules while investigating Trump.

"Same response," Pomerantz repeatedly said during the approximate six-hour hearing that day.

"In a closed-door deposition, I asked Mark Pomerantz very simple questions regarding whether he committed crimes or violated the civil rights of any people in the course of his investigation of President Trump and his tenure at the Manhattan DA's office," Gaetz told Newsweek via email on Thursday. "Every single time he plead his Fifth Amendment privilege against self-incrimination.

"This Trump trial is such a sham that even the prosecutors can't admit on record if they acted lawfully for fear of incriminating themselves. Shame and a disgrace!"

Newsweek reached out to the Weaponization committee via email for comment on Thursday.

Pomerantz quit as special assistant to the district attorney in February 2022, fueled by his reported animus against Bragg for not swiftly seeking an indictment against Trump for purported dubious business practices. Pomerantz was one of the top prosecutors working on the investigation into alleged tax fraud by The Trump Organization—litigation that was eventually pursued successfully by New York Attorney General Letitia James.

In a resignation letter published in March 2022, Pomerantz said the DA's office was in "no doubt" that Trump had committed "numerous" felonies such as falsifying financial statements.

Bragg eventually became the first official to indict Trump, with charges tied to the payment of hush money to adult-film actress Stormy Daniels, as a means of keeping her quiet ahead of the 2016 presidential election. Trump, who is currently being tried in Manhattan on the criminal charges, has denied any wrongdoing in this and his other three criminal cases.

Ohio Representative Jim Jordan, who chairs the Weaponization committee, told Fox News' Sean Hannity that the behavior of Pomerantz and Bragg for years is part of a wider "conspiracy" perpetuated by the "left" to influence the 2024 election.

"This deposition is for show," Pomerantz said before the questioning, according to NBC News. "We are gathered here because Donald Trump's supporters would like to use these proceedings to attempt to obstruct and undermine the criminal case pending against him, and to harass, intimidate, and discredit anyone who investigates or charges him."

In 2023, Pomerantz's book People vs. Donald Trump: An Inside Account was published. It detailed his efforts to prosecute Trump and why he left the Manhattan office before he was successful.

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About the writer


Nick Mordowanec is a Newsweek reporter based in Michigan. His focus is reporting on Ukraine and Russia, along with social ... Read more

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