Legal experts: Manhattan DA in an 'untenable position' after top prosecutor resigns over lack of Trump charges
In the wake of the "scathing" resignation letter turned in by one of his prosecutors, Manhattan District Attorney Alvin Bragg has been put in an "untenable position" when it comes to ongoing investigations into Donald Trump's finances, experts tell Newsweek.
Special assistant district attorney Mark Pomerantz resigned as reports circulated saying Bragg had doubts about the case against Trump and paused the grand jury investigation into him. Pomerantz wrote in his resignation letter that Trump was "guilty of numerous felony violations" with regards to his "false" financial statements. He also slammed Bragg for not seeking criminal charges against Trump despite his predecessor Cyrus Vance Jr. urging the department to seek an indictment "as soon as reasonably possible."
"The team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes—he did," Pomerantz wrote. "I fear that your decision means that Mr. Trump will not be held fully accountable for his crimes. I have worked too hard as a lawyer, and for too long, now to become a passive participant in what I believe to be a grave failure of justice."
Speaking to Newsweek, former Los Angeles County prosecutor and criminal defense attorney Josh Ritter said that Pomerantz's letter presents "huge problems" for Bragg and Trump.
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"What Mr. Pomerantz is describing cannot be characterized as a simple difference in opinion between prosecutors. The letter is nothing short of a scathing rebuke on Mr. Bragg's refusal to bring charges against Trump for what Mr. Pomerantz describes as clear-cut criminal behavior," Ritter said.
"This letter places Mr. Bragg in a completely untenable position. If Mr. Bragg were to now reverse course and pursue an indictment against Trump, he will no doubt be excoriated for bowing to political pressure. Conversely, if Mr. Bragg maintains his current position the letter raises questions about Mr. Trump's potential crimes that cannot remain unanswered."
According to former federal prosecutor and president of West Coast Trial Lawyers, Neama Rahmani, charges against Trump won't be coming any time soon.
"Criminal prosecutions get worse over time, and delay benefits the defense," Rahmani said. "Witness memories fade, evidence disappears, and statute of limitations run."
"Bragg's apparent decision to delay the investigation and his reluctance to bring charges now is a clear win for Trump."
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