Appeals Court Delays Ex-Prosecutors Deposition in Trump Investigation

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Congressional Republicans who sought to review the investigation that led to criminal charges against Donald J. Trump were thwarted Wednesday by an appeals court that temporarily blocked them from questioning a former prosecutor in the Manhattan district attorneys office.

The prosecutor, Mark F. Pomerantz, worked on the district attorney’s investigation of Donald J. Trump for nearly a year before resigning in 2022, and published a book about his experience. The office brought felony charges against Mr. Trump last month.

Shortly after the charges were unsealed, Representative Jim Jordan, Republican of Ohio, subpoenaed Mr. Pomerantz, indicating that he intends to investigate the questioning of Mr. Trump, his political ally.

The district attorney, Alvin L. Bragg, sued Mr. Jordan in an attempt to block Mr. Pomerantz’s interview, but a federal judge in Manhattan, Mary Kay Vyskocil, refused to stop the closed-door inquiry, which scheduled for Thursday. He said Republicans on the committee had a constitutional right to question Mr. Pomerantz.

Both appealed to Mr. Bragg and Mr. Pomerantz appealed the order to the US Court of Appeals for the Second Circuit, which late Wednesday granted a temporary stay on the interview. The order raises the question of whether Mr. Pomerantz to testify under oath and delay Republican attempts to impeach Mr. Bragg.

His prosecutors are continuing to build their case against the former president, who they say covered up a hush-hush payment to a porn star made in 2016.

The back-and-forth provides a preview of what is likely to be a lengthy legal process, especially as House Republicans seek to interview others involved in the investigation. A lawyer for Mr. Jordan, Matthew B. Berry, told the court Wednesday that such a determination had not yet been made.

We are proceeding in a very measured, modest way, said Mr. Berry.

Judge Vyskocil, who was appointed by Mr. Trump in 2016, expressed skepticism on Wednesday about the power of district attorneys to block the questioning of Mr. Pomerantz, saying that if Congress had valid legislative intent in seeking his testimony, he has no authority to stop you from doing so.

A lawyer for Mr. Bragg, Theodore J. Boutrous Jr., argued before Judge Vyskocil issued his order that it was completely unprecedented for Congress to go after a local district attorney.

It is also unprecedented for a local district attorney to bring an indictment of a former president, the judge responded.

The Second Circuit ordered Mr. Bragg and Mr. Pomerantz to file legal arguments on Friday and Mr. Jordan will file the next day. The question of whether Mr. Pomerantz will be asked is likely to reach at least next week.

Mr. Pomerantz views the subpoena served on him by Congressman Jordan as an improper attempt to obstruct and obstruct the pending prosecution of former President Trump by District Attorney Bragg, said a lawyer for Mr. Pomerantz is Ted Wells.

He added that Mr. Pomerantz was happy about the Second Circuits order and hoped it would stop the interview altogether.

Mr. declined to comment. Boutrous. Mr. did not immediately respond. Berry in a request for comment.

Kate Christobek contributed reporting.

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