The settlement ends a legal spat that reached a federal appeals court only weeks after Trump’s historic indictment and was the result of a lawsuit in which Bragg had attempted to prevent Pomerantz from testifying. Pomerantz will travel with legal counsel from Bragg’s office, a courtesy the committee said it would have provided even in the absence of Friday’s accord.
After the 2nd US Circuit Court of Appeals imposed a stay on Thursday that temporarily prevented execution of a House subpoena that had required Pomerantz to appear, Bragg’s office and the Judiciary Committee came to an understanding. Tuesday was the day that the appeals court was supposed to hear oral arguments in the case. After a lower court judge decided on Wednesday that there was no justification to overturn the Judiciary Committee’s subpoena and that Pomerantz’s deposition must proceed as planned, Bragg filed an appeal with the 2nd Circuit. Bragg complied with the arrangement and dropped his appeal.
The arrangement, which pushes out Pomerantz’s testimony until May 12, according to Bragg’s office, protects the district attorney’s “privileges and interests” in his continuing Trump case.
The district attorney’s office stated in a statement that the subpoena was successfully overturned because “our successful stay prevented 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 delighted with this decision, which guarantees that any questioning of our former employee will take place in our General Counsel’s presence on a fair, predetermined timeline. We are happy that the Second Circuit’s decision gave us the chance to satisfactorily settle this disagreement, according to Bragg’s office.