"The following is the full text of the
resignation letter by Mark Pomerantz, who had investigated former
President Donald J. Trump, but left after the Manhattan district
attorney, Alvin Bragg, halted an effort to seek an indictment.
Dear Alvin,
I
write to tender my resignation as a Special Assistant District
Attorney and to explain my reasons for resigning.
As you know from
our recent conversations and presentations, I believe that Donald
Trump is guilty of numerous felony violations of the Penal Law in
connection with the preparation and use of his annual Statements of
Financial Condition. His financial statements were false, and he has
a long history of fabricating information relating to his personal
finances and lying about his assets to banks, the national media,
counterparties, and many others, including the American people. The
team that has been investigating Mr. Trump harbors no doubt about
whether he committed crimes — he did.
In late 2021,
then-District Attorney Cyrus Vance directed a thorough review of the
facts and law relating to Mr. Trump’s financial
statements. Mr. Vance had been intimately involved in our
investigation, attending grand jury presentations, sitting in on
certain witness interviews, and receiving regular reports about the
progress of the investigation. He concluded that the facts warranted
prosecution, and he directed the team to present evidence to a grand
jury and to seek an indictment of Mr. Trump and other defendants as
soon as reasonably possible.
This
work was underway when you took office as District Attorney. You have
devoted significant time and energy to understanding the evidence we
have accumulated with respect to the Trump financial statements, as
well as the applicable law. You have reached the decision not to go
forward with the grand jury presentation and not to seek criminal
charges at the present time. The investigation has been suspended
indefinitely. Of course, that is your decision to make. I do not
question your authority to make it, and I accept that you have made
it sincerely. However, a decision made in good faith may nevertheless
be wrong. I believe that your decision not to prosecute Donald Trump
now, and on the existing record, is misguided and completely contrary
to the public interest. I therefore cannot continue in my current
position.
In my
view, the public interest warrants the criminal prosecution of Mr.
Trump, and such a prosecution should be brought without any further
delay. Because of the complexity of the facts, the refusal of Mr.
Trump and the Trump Organization to cooperate with our investigation,
and their affirmative steps to frustrate our ability to follow the
facts, this investigation has already consumed a great deal of time.
As to Mr. Trump, the great bulk of the evidence relates to his
management of the Trump Organization before he became President of
the United States. These facts are already dated, and our ability to
establish what happened may erode with the further passage of time.
Many of the salient facts have been made public in proceedings
brought by the Office of the Attorney General, and the public has
rightly inquired about the pace of our investigation. Most
importantly, the further passage of time will raise additional
questions about the failure to hold Mr. Trump accountable for his
criminal conduct.
To the
extent you have raised issues as to the legal and factual sufficiency
of our case and the likelihood that a prosecution would succeed, I
and others have advised you that we have evidence sufficient to
establish Mr. Trump’s guilt beyond a reasonable doubt, and we
believe that the prosecution would prevail if charges were brought
and the matter were tried to an impartial jury. No case is perfect.
Whatever the risks of bringing the case may be, I am convinced that a
failure to prosecute will pose much greater risks in terms of public
confidence in the fair administration of justice. As I have suggested
to you, respect for the rule of law, and the need to reinforce the
bedrock proposition that “no man is above the law,” require that
this prosecution be brought even if a conviction is not certain.
I also do not
believe that suspending the investigation pending future developments
will lead to a stronger case or dispel your reluctance to bring
charges. No events are likely to occur that will alter the nature of
the case or dramatically change the quality or quantity of the
evidence available to the prosecution. There are always additional
facts to be pursued. But the investigative team that has been working
on this matter for many months does not believe that it makes law
enforcement sense to postpone a prosecution in the hope that
additional evidence will somehow emerge. On the contrary, I and
others believe that your decision not to authorize prosecution now
will doom any future prospects that Mr. Trump will be prosecuted for
the criminal conduct we have been investigating.
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. I therefore resign from my position as a Special
Assistant District Attorney, effective immediately.
Sincerely,
Mark F. Pomerantz”
(1)
This is a stinging
indictment of the newly minted Manhattan District Attorney. On the
job less than four weeks before he suspended Grand Jury proceedings.
Pomerantz was brought into the office by former D.A. Cyrus Vance Jr.
because he is universally recognized as one of the nation's foremost
legal experts on white collar crime having represented clients as
well as prosecuting defendants, most notably the notorious crime boss
John Gotti. It was widely reported that when Vance, who himself has
been accused of going easy on the tRUMPs, especially in relation the
the tRUMP Soho property, brought in Pomerantz that doing so meant
that the D.A.'s office was getting damn serious about finally
bringing the swine to justice. Alas, Cyrus having pledged to wind up
the investigation before leaving office (he didn't run for
re-election), failed to do so, leaving the decision to proceed up to
his successor. Again, Vance himself has always been a bit squeamish when it came to the tRUMPs. Things started getting a bit 'squirrelly' during the
interregnum between election day and the first of the year when Bragg
was due to take office as murmuring began to be heard from the
District Attorney's office that the smell of the pole cat had reached
the barn door.
Indeed, in a matter
of days Bragg moved to suspend Grand Jury testimony and then informed
the team that he had pissed himself to his socks and could not muster
the courage to confront the disgraced Caesar.
What Pomerantz, and
indeed all of the pundits newsrooms and talking heads, failed to
point out is that the bank depositors of the City and State of New York
were bilked for over a billion dollars in the 1980's by tRUMP and his
criminal organization by precisely the tactic of grossly exaggerating his assets in order to obtain loans he couldn't repay. This is a staggering omission, for doing so would have brought the question full circle demonstrating the long existing pattern of fraud, racketeering and tax evasion. But the larger issue
is: why the fuck have the authorities consistently refused to indict,
prosecute and imprison this bastard?
Bragg, for his part, responded to the ensuing firestorm by contending that releasing Pomerantz' letter of resignation would somehow reveal sensitive information relating to what he called a still ongoing investigation, no doubt hoping against hope that the public would soon move on to what, in any case involving the orange bastard, would be the next series of outrages, with the investigation itself dissolving into a whimper. It didn't work. The letter was leaked giving lie to the D.A.'s version indeed calling into question the judgement of the office. Bragg was merely trying to suppress, and cover up, this egregious miscarriage of justice. We are having none of it. This is simply yet another outrage in a long series of outrages regarding the tRUMPs. And it must stop.
An' Br'er Putin,
he jus' laugh and laugh.
____________
Mark
Pomerantz’s Resignation Letter: The Full Text - The New York Times
(nytimes.com)
Mark
F. Pomerantz - Wikipedia
Alvin
Bragg - Wikipedia