Mark F. Pomerantz, a former prosecutor who as soon as helped lead an investigation of Donald J. Trump, appeared on Friday earlier than the Republican-led House Judiciary Committee for a deposition however declined to reply a lot of its questions concerning the prosecution of the previous president on costs of falsifying business data.
Mr. Pomerantz cited the confidentiality of the pending case and invoked a variety of privileges, together with the Fifth Amendment proper in opposition to self-incrimination, to keep away from answering the committee’s questions, in response to a gap assertion obtained by The New York Times. He mentioned he had agreed to look as a result of he revered the rule of legislation.
“What I do not respect is the use of the committee’s subpoena power to compel me to participate in an act of political theater,” Mr. Pomerantz added. “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.”
Mr. Pomerantz repeatedly cited New York legislation defending the privateness of lively investigations and mentioned he had been threatened with doable prosecution for violating the secrecy of the grand jury course of if he answered sure questions.
“While I am certain I broke no laws, I am not required to answer questions if my answers might be used against me in a criminal prosecution,” he mentioned, including: “It gives me no joy to invoke my legal rights, but I am glad that the law allows me not to cooperate with this performance of political theater.”
Forcing Mr. Pomerantz’s look was a victory for the Republicans who’ve rushed to make use of their energy within the House to defend Mr. Trump because it grew to become clear that Alvin L. Bragg, the Manhattan district legal professional, was poised to cost the previous president.
Mr. Bragg, who has railed in opposition to Republican efforts to intervene together with his work, sued to attempt to block the Judiciary Committee — which is led by Representative Jim Jordan, Republican of Ohio and a detailed ally of Mr. Trump — from compelling Mr. Pomerantz to testify. But that effort failed.
A consultant for Mr. Bragg appeared with Mr. Pomerantz in Washington on Friday.
“The district attorney’s office is participating in today’s deposition and asserting our rights to oppose disclosure of confidential information protected by law,” a spokeswoman for Mr. Bragg mentioned in an announcement.
A federal choose dominated final month that congressional Republicans on the Judiciary Committee had a constitutional proper of their position as legislators to query Mr. Pomerantz.
“It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations,” the choose wrote, including: “Mr. Pomerantz must appear for the congressional deposition. No one is above the law.”
The Judiciary Committee quoted from that ruling on Twitter on Friday as Mr. Pomerantz was testifying.
Even so, some Republicans expressed frustration at Mr. Pomerantz’s refusal to reply questions.
“He has answered no questions,” Representative Darrell Issa, Republican of California and a member of the committee, advised reporters exterior the deposition. “He has asserted, on behalf of the D.A.’s office and himself what I would characterize as taking the Fifth — effectively taking the Fifth every single time. I’ve never had a more obstructive and less cooperative witness in my over 20 years in Congress.”
Mr. Trump is dealing with prosecution in New York over his position in a hush-money payoff to an grownup movie entertainer, Stormy Daniels, who then agreed to maintain quiet about her story of an affair with him.
The 34-count indictment accused him of falsifying business data associated to the fee, which was within the final days of the 2016 presidential marketing campaign and may need functioned as an unlawful donation to his candidacy. He has pleaded not responsible.
Jonah E. Bromwich contributed reporting.
Source: www.nytimes.com