The Manhattan District Attorney fired back at Jim Jordan after the GOP demanded Alvin Bragg’s testimony. The Manhattan DA’s general counsel, Leslie Dubeck, told Jordan and the GOP their request was an “unprecedented inquiry into a pending local prosecution.”
But towards the end of the letter, she said they would come clean about any use of federal funds and would meet with Congress to discuss the case. She wrote: “The District Attorney of New York County is investigating allegations that Donald Trump engaged in violations of New York State penal law.
“The investigation is one of thousands conducted by the Office of the District Attorney in its long history of pursuing justice and protecting New Yorkers. The investigation has been conducted consistently with the District Attorney’s oath to faithfully execute the laws of the State of ew York.
“The District Attorney pledged that the DA’s Office would “publicly state the conclusion of our investigation whether we conclude our work without bringing charges, or move forward with an indictment.” He stands by that pledge. And if charges are brought at the conclusion, it will be because the rule of law and faithful execution of the District Attorney’s duty require it.
“Your letter dated March 20, 2023 (the “Letter”), in contrast, is an unprecedented inquiry into a pending local prosecution. The Letter only came after Donald Trump created a false expectation that he would be arrested the next day and his lawyers reportedly urged you to intervene. Neither fact is a legitimate basis for congressional inquiry.
“In New York, the District Attorney is a constitutional officer charged with “the responsibility to conduct all prosecutions for crimes and offenses cognizable by the courts of the county in which he serves.
“These are quintessential police powers belonging to the State, and your letter treads into territory very clearly reserved to the states.
“It suggests that Congress’s investigation is being “conducted solely for the personal aggrandizement of the investigators or to ‘punish’ those investigated,” and is, therefore, “indefensible.”
“As articulated below, the District Attorney is obliged by the federal and state constitutions to protect the independence of state law enforcement functions from federal interference.
“The DA’s Office therefore requests an opportunity to meet and confer with committee staff to better understand what information the DA’s Office can provide that relates to a legitimate legislative interest and can be shared consistent with the District Attorney’s constitutional obligations.
“The Letter seeks non-public information about a pending criminal investigation, which is confidential under state law.
“The Letter’s requests are an unlawful incursion into ew York’s sovereignty. Congress’s investigative jurisdiction is derived from and limited by its power to legislate concerning federal matters.
“The Constitution limits Congress’s powers to those specifically enumerated; and the Tenth Amendment ensures that any unenumerated powers are reserved to the States.
“It is therefore generally understood that a Congressional committee may not “inquire into matters which are . . . reserved to the States.”
“We trust that you appreciate the importance of our federal system, state law enforcement activities, and the critical need to maintain the integrity and independence of state criminal law enforcement from federal interference.
“To assist Congress in understanding the ways in which the DA’s Office has used federal funds, we are preparing and will submit a letter describing its use of federal fund,”
“While the DA’s Office will not allow a Congressional investigation to impede the exercise of New York’s sovereign police power, this Office will always treat a fellow government entity with due respect.
“Therefore, again, we reguest a meet and confer to understand whether the Committee has any legitimate legislative purpose in the requested materials that could be accommodated without impeding those sovereign interests.
We simply expect that our office also be treated “in a manner consistent with [New York’s] status as a residuary sovereign and joint participant0 in the governance of the Nation,” she wrote.
#BREAKING: @Jim_Jordan just sent letters to former prosecutors Carey Dunne and Mark Pomerantz demanding documents and testimony relating to Manhattan DA Alvin Bragg’s unprecedented abuse of prosecutorial authority amid the reported impending indictment of President Trump. pic.twitter.com/8rZ5SE75p6
— House Judiciary GOP (@JudiciaryGOP) March 23, 2023
