The stay comes after a lower court ruled there was no basis to block the subpoena. Jim Jordan sought to question the former prosecutor Thursday
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.
“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,” Vyskocil wrote in a 25-page opinion. “Mr. Pomerantz must appear for the congressional deposition. No one is above the law.” 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.
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