The MeidasTouch Podcast - BREAKING: Manhattan DA Brings MAJOR LAWSUIT Against Jim Jordan and GOP

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Starting point is 00:00:54 i'm ben mysellis from the midas touch network manhattan district attorney alvin bragg has filed a federal lawsuit against MAGA Republican Jim Jordan, as well as the MAGA Republican Controlled Committee on the Judiciary of the United States of the House of Representatives. This is a 50-page federal lawsuit filed by the Manhattan District Attorney's Office in the District Court in Manhattan, which is the Southern District of New York. This lawsuit is seeking injunctive relief to block Jim Jordan and to block the Judiciary Committee from further engaging in interference with the Manhattan District Attorney's criminal prosecution of Donald Trump, and more specifically, the key issue where there is kind of an imminent conclusion that is needed is that the MAGA Republicans in the Judiciary Committee have subpoenaed Mark Pomerantz, who is the former special assistant district attorney who was working under the former district attorney, Cy Vance, and who resigned under the Manhattan district attorney, Alvin Bragg's tenure.

Starting point is 00:02:13 The MAGA Republicans are seeking to subpoena Mark Pomerantz to get his testimony by April 20th, as well as a document production by Mark Pomerantz. And here, Alvin Bragg is requesting that the district court judge block the MAGA Republicans in the House of Representatives like Jim Jordan and others on the Judiciary Committee from interfering with the criminal prosecution of the local state prosecutors at the Manhattan District Attorney's Office, which is a violation of basic principles of federalism. You'll see from the complaint, it is styled as Alvin Bragg Jr. versus Jim Jordan in his official capacity as chairman of the Committee on the Judiciary, as well as the Committee on

Starting point is 00:03:06 the Judiciary of the United States House of Representatives are both defendants, as well as Mark Pomerantz is a defendant. And so you may be saying, well, is Alvin Bragg suing Mark Pomerantz here? Well, because the House Judiciary Committee subpoenaed Mark Pomerantz for Mark Pomerantz to give testimony. Mark Pomerantz is a party of interest in this case who has to be joined. He's what's called a necessary and indispensable party. So if he was not brought in as a named defendant, the case brought by the Manhattan District Attorney's Office could ultimately be dismissed. That's why you see Mark Pomerantz and ultimately the injunction is requesting that a federal judge order that Mark Pomerantz not be required to give testimony before the Judiciary Committee as it would be a violation of the constitutional authority of the House Judiciary Committee by its interference in the criminal investigation. It would also interfere with secret grand jury deliberation laws and just very basic principles of the fact that the federal government should not be interfering

Starting point is 00:04:20 in individual criminal investigations of local and state prosecutors. Let's pull open this complaint so you can see some of the key provisions. One of the other things I should mention about this 50-page federal lawsuit that was filed is that there are 22 or so photographs that Albin Bragg puts in this lawsuit showing all of Donald Trump's threats and all of the other kind of posts that Trump made where he threatens Alvin Bragg and he threatens Alvin Bragg's wife and he calls Alvin Bragg Soros backed prosecutor. Alvin Bragg posts the photograph of Donald Trump with the baseball bat looking like he's going to bludgeon Alvin Bragg. Alvin Bragg also posts here other tweets by Kevin McCarthy, tweets by the House Judiciary Committee,

Starting point is 00:05:14 tweets by Marjorie Taylor Greene, which are all being used now as exhibits in this federal lawsuit against Jim Jordan, ultimately showing all of the efforts of unprecedented criminal interference. And just so you also know, this is an injunction that is being sought. So this lawsuit is not seeking monetary damages from Jim Jordan. It is requesting that a federal judge order that Jim Jordan essentially cease and desist and the House Judiciary Committee cease and desist or they be enjoined or blocked from further interfering with the operations of the Manhattan District Attorney's Office, but specifically as it relates to the most immediate concern, this subpoena that was sent to Mark Pomerantz for documents and testimony,

Starting point is 00:06:04 which would infringe on the sovereignty of the local prosecutors in Manhattan. So here's what the lawsuit says. Page one plaintiff district attorney Alvin L. Bragg Jr. brings this action in response to an unprecedentedly brazen and unconstitutional attack by members of Congress on an ongoing New York state criminal prosecution and investigation of former president Donald J. Trump. Beginning on March 20th, 2023, Representative Jim Jordan, chairman of the House Committee on the Judiciary, began a transparent campaign to intimidate and attack District Attorney Bragg, making demands for confidential documents and testimony

Starting point is 00:06:45 from the District Attorney himself, as well as his current and former employees and officials. Two days after Mr. Trump was arraigned on 34 felony counts in New York State Supreme Court, Chairman Jordan and the committee served a subpoena on Mark Pomerantz, a former special assistant district attorney who participated in an investigation of Mr. Trump and his business. The subpoena seeks to compel Mr. Pomerantz to testify in a deposition on April 20th, 2023. Chairman Jordan's demands, including his subpoena to Mr. Pomerantz, seek highly sensitive and confidential local prosecutorial information that belongs to the office of the district attorney and the people of New York. Basic principles of federalism and common sense, as well as binding Supreme Court precedent, forbid Congress from demanding it.

Starting point is 00:07:38 The complaint goes on to say Congress has no power to supervise state criminal prosecutions, nor does Congress have the power to serve subpoenas for personal aggrandizement of the investigators or to punish the investigated. And it cites the Trump v. Mazers case before the United States Supreme Court, quoting Watkins v. United States, another Supreme Court. Yet this is precisely what Chairman Jim Jordan is trying to do. He and his allies have stated that they want the district attorney to come to Capitol Hill to, quote, explain himself and to provide, quote, a good argument to Congress in support of his decision to investigate and prosecute Mr. Trump. And they have threatened that the house of representatives will quote,

Starting point is 00:08:28 hold Alvin Bragg to account for indicting Mr. Trump. Now chairman Jordan has subpoenaed one of the district attorney's former special assistants to interrogate him about his official prosecutorial activities, but subpoenaing a former line prosecutor to talk about an ongoing criminal prosecution and investigation is no less of an affront to state sovereignty than subpoenaing the district attorney himself. Chairman Jordan claims he is seeking to conduct, quote, oversight,

Starting point is 00:08:58 but he has no power under the Constitution to oversee state and local criminal matters. By definition, then he has no legitimate legislative purpose for issuing this subpoena. The subpoena threatens the sovereign powers of the states, confidence in the secrecy of grand jury proceedings, and the integrity of an ongoing criminal prosecution. This court should enjoin its enforcement. The complaint goes on to cite the Constitution withheld from Congress a plenary police power, United States v. Lopez, a Supreme Court case from 1995, which is controlled by 50 different states instead of one national sovereign. defining and enforcing criminal law is vested in the states and federal intrusion into state criminal trials frustrate both the state's sovereign power to punish offenders and their good faith attempts to honor constitutional rights. And now let's take a quick break to talk about our next partner, Lomi. Now I've never been able to compost before. It was always too

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Starting point is 00:11:23 Food waste is gross. Let Lomi save you a cold trip out to the garbage can. And now back to the video. The case goes, the complaint goes on to say, the charges the district attorney filed against Mr. Trump were approved by the citizens of New York. They did their civic duty as members of a grand jury pursuant to the federal constitution and laws of the state of New York.

Starting point is 00:11:45 Like any other defendant, Mr. Trump is entitled to challenge these charges in court. He can avail himself of all of the processes and protections that New York state's robust criminal procedure affords. But rather than allowing the criminal process to proceed in the ordinary course. Chairman Jordan and the committee are participating in a campaign of intimidation, retaliation, and obstruction. Mr. Trump in particular has threatened New York officials with violent and racist vitriol. At a March 25, 2023 rally, for instance, Mr. Trump stated, quote, the thugs and criminals who are corrupting our justice system will be defeated, discredited, and totally disgraced. On social media, he threatened, quote, death and destruction and to, quote, wage war if he was indicted. Mr. Trump also

Starting point is 00:12:39 called district attorney Bragg a, quote, Soros-backed animal. A dog whistle Chairman Jordan repeated on television on March 23rd, 2023, calling District Attorney Bragg, quote, the Soros-backed new DA, left-wing DA Alvin Bragg. Mr. Trump even shared a social media post that appeared to be a picture of himself threateningly wielding a baseball bat to District Attorney Bragg's head. There is the photograph of Donald Trump's post with the baseball bat that he is wielding and threatening at Mr. Bragg's head. Paragraph six, these statements have had a powerful effect. District Attorney Bragg has received multiple death threats. In one instance, he received a package containing suspicious white powder with a note making a specific

Starting point is 00:13:31 death threat against him. Since Mr. Trump falsely predicted he would be arrested on March 18th, 2023. In fact, the district attorney's office has received more than 1,000 calls and emails from Mr. Trump's supporters, many of which are threatening and racially charged. But rather than denounce efforts to vilify and denigrate the district attorney and the grand jury process, House Republicans are participating in the efforts. Chairman Jordan, along with other congressmen, have made no secret that the purpose of the committee's inquiry is to, quote, conduct oversight, end quote, and undertake, quote, an examination of the facts supporting the indictment, the same facts already evaluated by an independent grand jury of New Yorkers, and to hold the district attorney quote to account. Chairman Jordan and

Starting point is 00:14:25 the committee in essence appointed Congress as a super grand jury that can flex its subpoena power to second guess the judgment of New York citizens and interfere with state criminal justice process. In his letters and public statements, however, Chairman Jordan and his congressional allies have changed their story multiple times, creating, as it suits them, a scattershot hodgepodge of new purported legislative interests and purposes that supposedly justify the committee's unwarranted incursion into state criminal into a state criminal case. Each of these baseless pretexts for hauling Mr. Pomerantz to Washington for a retaliatory political circus designed to undermine the rule of law and New York's police power. And in cases like this one implicating substantial federalism or separation of power concerns, the Supreme Court's decision in Mazers requires the federal courts to probe Congress's assorted purpose for pretext and evidence. The chairman has also admitted that subpoenaing Mr. Pomerantz is only the first step of his

Starting point is 00:15:37 subpoena strategy. As Chairman James Comer, the MAGA Republican, they don't say MAGA Republican, I added that, Republican of the House Oversight Accountability put it, Mr. Trump's allies in the House, quote, fully expect to see Alvin Bragg answering questions in front of Congress as soon as they can make it happen. Eight, members of Congress are not free to invade New York's sovereign authority for their or Mr. Trump's political aims. Congress has no authority to conduct oversight into District Attorney Bragg's exercise of his duties under New York law in a single case involving a single defendant. Nor can Congress force a former prosecutor to make extrajudicial statements during a criminal prosecution about that prosecution

Starting point is 00:16:26 or related criminal investigations, statements that the New York rules of professional conduct forbid in part because they could prejudice Mr. Trump's right to a fair and prompt due trial and due process concerns. Compelling Mr. Pomerantz to provide this type of testimony is unprecedented. As one former counsel for the House and legal scholar explained in testimony provided to Congress itself, there hasn't been a subpoena enforcement against a state attorney general in 200 years. And there's an excellent reason. State attorney generals have their own state sovereign authority. They are frequently elected.

Starting point is 00:17:07 They have their own base, their own electoral base, their own missions. And their mission is to pursue things that Congress can't. Number nine, Mr. Trump is free to avail himself of any and all criminal procedure processes available to him. Indeed, his motions to his criminal case are due in August. If he wishes to argue that his prosecution is, quote, politically motivated, he's free to raise that concern to the New York State Criminal Court. Chairman Jordan is not, however, free to unconstitutionally deploy Congress's limited subpoena power for raw political retaliation, intimidation, or obstruction.

Starting point is 00:17:46 District Attorney Bragg therefore brings this action in response to the Republican Judiciary Committee's plainly unconstitutional subpoena. He brings two causes of action. First, the subpoena served on Mr. Pomerantz is invalid, unenforceable, unconstitutional, and ultra vires because it has no legitimate legislative purpose and manifestly fails each of the four factors the Supreme Court established in majors to evaluate the enforceability of a congressional subpoena directed to another branch of government. Namely, Congress has no power under Article 1 of the Constitution to oversee, let alone disrupt, ongoing state criminal matters and the shifting array of legislative purposes that Chairman has invoked in favor of his demands do not warrant that

Starting point is 00:18:39 significant step of seeking information from the District Attorney. The subpoena also is vastly broader than reasonably necessary to support the chairman's purported legislative objective, an objective the chairman has provided not a whit of evidence to support. And finally, the subpoena is unduly burdensome, particularly in light of the ongoing criminal prosecution and investigation of Mr. Trump. Second, even if Chairman Jordan and the committee were able to demonstrate a valid legislative purpose and withstand the Mazers test, they cannot. The subpoena would still not be enforceable because it could allow the committee to seek secret grand jury material, confidential investigative material,

Starting point is 00:19:26 and information clearly protected by the attorney client, work product, deliberative process, law enforcement, informants, and public interest privileges. These privileges exist to protect precisely the type of information Chairman Jordan and the committee are seeking, confidential law enforcement and legal materials compiled during investigations in the lead up to a prosecution. These privileges are designed to prevent the types of obstruction and interference with an ongoing criminal investigation and prosecution that Chairman Jordan and the committee actions represent.

Starting point is 00:20:02 In sum, Congress lacks any valid legislative purpose to engage in a free-ranging campaign of harassment and retaliation for the district attorney's investigation and prosecution of Mr. Trump under the laws of New York. The campaign is a direct threat to federalism and the sovereign interests of the state of New York. This court should enjoin the subpoena and put an end to this constitutionally destructive fishing expedition. It should protect New York's lawful pursuit of criminal justice and permit this state's criminal justice system to function under the careful supervision of the New York Supreme Court free from unconstitutional congressional interference. This court should grant judgment to District Attorney Alvin Bragg Jr. You then go into the other factual allegations

Starting point is 00:20:54 of the complaint, and you'll see the various posts of Donald Trump's posts on the social media platform. You see the posts from, you know, look at page 15, for example. You have a post from Kevin McCarthy. You've got a post from Marjorie Taylor Greene where they threaten Alvin Bragg. You scroll down through the complaint as well. Page 20, for example. Why won't Bragg drop the case? Everybody says there's no crime here.

Starting point is 00:21:24 I did nothing wrong. It was all made up, blah, blah, blah, blah, blah. On the bottom of page 20, another Trump post. Everybody knows I'm 100% innocent, including brag, but he doesn't care. He's just carrying out the plans of radical left lunatics. Our country's being destroyed, blah, blah, blah, blah, blah, blah, blah. You know, you scroll down, there are just more posts of this as well, where he calls, he calls him a Soros backed animal, you know, and all, and all these things, all these posts. But as we've said before, here on the Midas Touch Network, all of those posts would become exhibits. They're already becoming exhibits in this lawsuit against Jim Jordan. And then you see the causes of action on page 44 and 45. These are both requests for injunctive relief.

Starting point is 00:22:07 And these are requests to enjoin or stop the Judiciary Committee run by Jim Jordan from further congressional interference and specifically to stop this subpoena to Mark Pomerantz, which is completely an unlawful subpoena. So there you have it, folks. You look at the cause of action 24950, wherefore plaintiff asks this court to enter a judgment in his favor, a declaratory judgment that the subpoena served on Mr. Pomerantz is invalid, unconstitutional and unenforceable, a permanent injunction, preliminary injunction, and restraining order against the enforcement of the subpoena and other relief as the court deems necessary. One thing to also point out, this case was actually also brought by a private law firm that was representing the district attorney's office here, the Gibson Dunn law firm, and Theodore Ted Boutros,

Starting point is 00:23:06 who's the individual who filed the case for the Manhattan district attorney's office. So there you have it, folks. And I thought it was important that I read for you all of those allegations so you can see just how powerful of a presentation was being made by Alvin Bragg. They're very, very, very powerful indeed. I'm Ben Mycelis from the Midas Touch Network. Hit subscribe. We are on our way to 1.5 million subscribers. Hit the subscribe button right now. Help us hit that 1.5 million subscriber mark. It's free to subscribe to our YouTube channel, so please hit the subscribe button right now. Also, check us out at patreon.com slash Midas Touch, P-A-T-R-E-O-N.com slash MidasTouch. We just held one of our meetups on Zoom earlier on Tuesday where we got to meet all of our patrons.

Starting point is 00:23:55 We answered mostly all of the questions. We're going to hold another session to answer more questions. So become a member of patreon.com slash MidasTouch and you can meet me and the other founders of MidasTouch. And also wherever you get your audio podcast, subscribe to the Midas Touch podcast there as well. Until next time, I'm Ben Myselis. Thanks for watching. Lock him up. Indictment season is upon us. Celebrate with the new indictment season t-shirt and v-neck exclusively at store.midastouch.com.

The MeidasTouch Podcast - BREAKING: Manhattan DA Brings MAJOR LAWSUIT Against Jim Jordan and GOP

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