Manhattan DA drops appeal after federal judge rules Jim Jordan can subpoena ex-prosecutor

close

Video

Rep. Jim Jordan slams Bragg on NYC crime: 'It's about the victims'

Rep. Jim Jordan, R-Ohio, joined 'Fox & Friends' to discuss the House Judiciary's field hearing on crime and growing calls for Sen. Dianne Feinstein to resign over health concerns.

Manhattan District Attorney Alvin Bragg dropped an appeal he filed after a federal judge ruled that an ex-prosecutor in his office can be subpoenaed by House Judiciary Committee Chairman Rep. Jim Jordan (R-Ohio).

Bragg dropped the appeal Friday, after the parties came to an agreement on a testimony from former prosecutor Mark Pomerantz to the House Judiciary Committee.

The agreement stipulates that a lawyer from Bragg's office will be present at the testimony who can make objections.

"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 resolve this dispute," a Manhattan DA spokesperson said in a statement.

ADAMS APPLAUDS NYC HOSPITALS FOR FEEDING PATIENTS PLANT-BASED MEALS OVER MEAT BY DEFAULT IN CLIMATE PUSH

(Christopher Goodney/Bloomberg via Getty Images // Al Drago/Bloomberg via Getty Images)

A spokesperson for Jordan said that Pomerantz's deposition will take place on May 12.

"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," Jordan's spokesperson said.

U.S. District Judge Mary Kay Vyskocil rejected Bragg's request Wednesday asking for a temporary restraining order and injunction after Jordan issued a subpoena to Pomerantz.

Bragg immediately appealed the ruling Wednesday and wanted a stay of the ruling.

The Manhattan DA accused Jordan in a federal lawsuit that he's trying to intimidate him because of the prosecution of former President Donald Trump.

MANHATTAN DA ALVIN BRAGG SUES REP. JIM JORDAN OVER TRUMP INDICTMENT SUBPOENAS

District Attorney Alvin Bragg speaks at a press conference to discuss the charges against Steve Bannon in New York on September 8, 2022. (Photo by ALEX KENT/AFP via Getty Images)

In the ruling, Vyskocil said that the subpoena is valid.

"In our federalist system, elected state and federal actors sometimes engage in political dogfights," he said. "Bragg complains of political interference in the local DANY case, but Bragg does not operate outside of the political arena. Bragg is presumptively acting in good faith."

"That said, he is an elected prosecutor in New York County with constituents, some of whom wish to see Bragg wield the force of law against the former President and a current candidate for the Republican presidential nomination," the judge continued.

In the ruling, the judge wrote that both sides should, "speak with one another to reach a mutually agreeable compromise regarding how the deposition of Mr. Pomerantz will proceed." 

Trump was indicted March 30 as part of a years-long investigation by the Manhattan District Attorney's Office for hush money payments. He pleaded not guilty to 34 counts of falsifying business records in the first degree.

CLICK HERE TO GET THE FOX NEWS APP

Chairman Jim Jordan, R-Ohio, conducts the House Judiciary Select Subcommittee on the Weaponization of the Federal Government hearing titled The Twitter Files, in Rayburn Building on Thursday, March 9, 2023.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

While falsifying records is typically considered a misdemeanor charge, it rises to a felony when a defendant's "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof."

Fox News' Brooke Singman contributed to this report.