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Manhattan District Attorney Alvin Bragg has dropped his effort to quash a congressional subpoena to a former prosecutor who worked in his office, a congressional aide told The Epoch Times in a statement on Friday.
“This evening, the Manhattan District Attorney’s Office withdrew its appeal in Bragg v. Jordan. Mr. Pomerantz’s deposition will go forward on May 12, and we look forward to his appearance,” Russel Dye, spokesperson for Rep. Jim Jordan (R-Ohio), chair of the House Judiciary Committee, wrote to The Epoch Times in a statement.
“Bragg caved. Jim Jordan won,” the House Judiciary Committee wrote in a statement on Twitter Friday.
The development wrapped up a legal clash between Bragg and House Judiciary Republicans, whereby Bragg had attempted to stop the lawmakers from requesting testimony from Mark Pomerantz, a former prosecutor who investigated former President Donald Trump’s finances. Pomerantz left Bragg’s office in February 2022 in protest of Bragg’s initial unwillingness to bring an indictment against Trump.
A grand jury, encouraged by Bragg, brought an indictment against Trump in late March, prompting Jordan to initiate a probe into what he calls a “politically motivated” prosecution against a former president. Jordan subpoenaed Pomerantz to seek his testimony as a part of that probe. In response, Bragg sued the House Judiciary Committee and Pomerantz to prevent Pomerantz from testifying.
That lawsuit led to a hearing on Wednesday in the Southern District Court of New York, and a subsequent decision by District Judge Mary Kay Vyskocil, a Trump appointee, ordered that the congressional panel has the authority to become involved in the investigation of Trump and declined Bragg’s request for a court injunction on the congressional subpoena.
Bragg wrote in a court filing that he intended to appeal the lower court’s decision to the 2nd Circuit Court of Appeals on April 19. On the same day, the court issued a temporary administrative hold on the return date of the House Judiciary Committee’s congressional subpoena of Pomerantz. This administrative hold did not reflect the court’s opinion on the merit of Bragg’s case, the court indicated in an April 19 filing, but serves as a short pause as the court considers whether to extend the freeze on the subpoena as Bragg appeals the case.
A three-judge panel was originally scheduled to decide early next week on this matter.
Bragg on Friday dropped the appeal, wrapping up the legal contention between him and the House lawmakers.
“Our successful stay of this subpoena blocked the immediate deposition and afforded us the time necessary to coordinate with the House Judiciary Committee on an agreement that protects the District Attorney’s privileges and interests. We are pleased with this resolution, which ensures any questioning of our former employee will take place in the presence of our General Counsel on a reasonable, agreed upon timeframe. We are gratified that the Second Circuit’s ruling provided us with the opportunity to successfully revolve this dispute,” Bragg’s office wrote in a statement on Friday on Twitter.
Judge’s Comments
During the district court hearing on Wednesday, the court affirmed the congressional lawmakers’ position that requesting Pomerantz’s testimony serves a valid legislative interest and that Pomerantz, due to his own conduct, is not protected by confidentiality privileges.
In her order, Vyskocil agreed with the congressional lawmakers’ reasoning that testimony by Pomerantz can help inform current and pending legislation. This includes a bill that, if enacted into law, would bar the use of federal funds to investigate a sitting or former president (the Accountability for Lawless Violence In our Neighborhoods, or ALVIN, Act) and another that would allow Congress to remove an action or prosecution against a former president (H.R. 2553).
“It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations in that connection,” the judge wrote, adding that the U.S. Constitution protects lawmakers from litigation when their actions serve a valid legislative interest.
She rejected Bragg’s attempt to use a Supreme Court decision (Trump v. Mazars) to justify his case. In that decision, the highest court ruled in Trump’s favor and stated that the congressional committees couldn’t subpoena Trump’s financial statements because doing so would violate the separation of power between the executive and legislative branches.
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During the Wednesday hearing, Bragg’s attorneys said that the reasoning in Trump v. Mazars applies to this case, and that the committee’s subpoena is an unconstitutional intrusion of the legislative branch into a state executive branch prosecution. Vyskocil disagreed.
“The congressional subpoena in Mazars was directed at materials pertaining to the sitting President of the United States,” Vyskocil wrote in her ruling, noting that Trump clearly represented the executive branch then.
“In contrast, here, the subpoena was issued to a private citizen who is no longer employed by any state government and who has written a book and spoken extensively about the subject matter of the congressional inquiry,” she wrote. “The Court is not persuaded that Mazars applies to this case.”
In her ruling, Vyskocil also rejected Bragg’s reasoning that Pomerantz enjoys confidentiality privileges and thus must not be compelled to reveal information about his former employment at the Manhattan DA’s office. Vyskocil noted that because she cannot predict what Congress would ask and what Pomerantz would say, it is not logical to say that such hypothetical statements would violate privilege.
“Bragg’s throw-everything-at-the-wall approach to privilege is unpersuasive,” Vyskocil wrote. “This Court will not quash a subpoena based solely on Bragg’s seemingly endless string of ‘what ifs.’”
Pomerantz, in an April 17 court filing, wrote that he would be put in an “impossible position” if he were to testify in Congress because he could face criminal prosecution if he testifies—violating confidentiality laws—or if he refuses to testify—committing contempt of Congress.
The judge dismissed this concern.
“[T]he Court notes that Pomerantz is in this situation because he decided to inject himself into the public debate by authoring a book that he has described as ‘appropriate and in the public interest,’” Vyskocil wrote in her Wednesday order.
“[Bragg] cannot seriously claim that any information already published in Pomerantz’s book and discussed on prime-time television in front of millions of people is protected from disclosure as attorney work product (or otherwise).”
Article cross-posted from our premium news partners at The Epoch Times.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
