A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee
The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee's subpoena. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.
Vyskocil, a Trump appointee, ruled after peppering lawyers on both sides with questions, asking them to parse thorny issues of sovereignty, separation of powers and Congressional oversight arising from Trump's historic indictment. Bragg's office appealed, first asking Vyskocil to issue a stay — which she rejected — before finding success with the appeals court.
The Judiciary Committee started scrutinizing Bragg’s investigation of the former president in the weeks that preceded his indictment. Jordan sent letters seeking interviews with Bragg and documents before subpoenaing Pomerantz. In her ruling, Vyskocil said she would handle any legal fights that may arise from other subpoenas in the committee’s investigation of Bragg.
For those reasons, Berry argued, Congress is immune from judicial intervention, citing the speech and debate clause of the U.S. Constitution. Berry, the committee lawyer, argued that Pomerantz has already shared lots of information with the public about his work on the Trump investigation and the Judiciary Committee has the right to question him about it, too.
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