Jim Jordan shot himself in the foot by compelling NY prosecutors to testify: former prosecutor
14 May 2023
Mark Pomerantz, a former prosecutor who consulted for the Manhattan district attorney, is going after Rep. Jim Jordan (R-OH) after he demanded Pomerantz appear before the subcommittee on "weaponization" in government.
Jordan has called on District Attorney Alvin Bragg, but he has refused, citing pending litigation and noting that the Congressional committee didn't oversee his office.
Pomerantz appeared before the subcommittee for six hours on Friday, and he opted to invoke his Fifth Amendment rights against self-incrimination. The case concerns the New York probe into Donald Trump and the hush money payments to former adult film star Stormy Daniels. Jordan, who is an avid Trump supporter, is going after many of the investigations against the former president.
When Bragg entered the DA's office, some of the prosecutors claimed that he refused to prosecute Trump despite the evidence they'd collected. Pomerantz left the office, and began work on a book about his experience. Not long after the book dropped, the grand jury announced the indictment of Trump under 34 felony charges.
In his "Justice Matters" video cast, former federal prosecutor Glenn Kirschner cited one of Pomerantz's comments attacking Jordan using a veiled reference to Jordan's past refusing to comply with congressional subpoenas. He also explained that Jordan had put barriers in his own way that will stop him from getting what he wants from Pomerantz and others in the Bragg office.
"[Pomerantz] called out Jim Jordan for unlawfully defying a congressional subpoena, blowing off a congressional subpoena," Kirschner began in the video. "To be clear, that constitutes the crime of contempt of Congress. Yet now, the criminal is issuing subpoenas to others, expecting them to comply. I think that qualifies as irony, at a minimum."
"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," Pomerantz also said in his opening statement.
Kirschner explained that since the past public statements, there is now litigation which means Pomerantz is governed by a different set of rules than before an indictment.
Pomerantz's opening statement also explained that previous comments from those in the news and at the DA's office indicated that he could be criminally liable. As such, it gives him the opportunity to declare his Fifth Amendment rights.
Kirschner agreed, saying that it would make him nervous if prosecutors were talking about something he did that might be illegal. He explained he would likely make the same move because anything that is said under oath could be used against him in court.
If Jordan truly wanted Pomerantz to give information, they could go to court and pursue the claim, saying that Pomerantz doesn't have the right to claim the Fifth.
"Here's the problem: Jim Jordan has been yelling, and screaming, and yammering about how this whole prosecution in New York against Donald Trump is a witch hunt, political retribution. Donald Trump committed no crimes. He doesn't deserve to be prosecuted," Kirschner described Jordan's claims.
Essentially, Jordan is alleging that the prosecutors committed crimes themselves by bringing charges against Donald Trump. If that is his claim, Kirschner explained that Jordan couldn't go into court and compel any of the D.A.'s office staff to testify or fight back against any Fifth Amendment pleas.
See his full commentary in the video below or at the link here: