Alvin Bragg Gets Horrible News: Judge Makes Ruling On His Frivolous Lawsuit Against Jim Jordan

Alvin Bragg’s 50 paged lawsuit against Jim Jordan (R-OH), where he called the Ohio Republican’s attempt to provide oversight over the politically minded prosecution of Donald Trump as a “brazen and unconstitutional attack” on his office and a “transparent campaign to intimidate and attack” him, had its first defeat. The lawsuit’s remedy of an emergency restraining order to prevent Mr. Jordan from enforcing a subpoena on Mark F. Pomerantz, a former prosecutor for the Manhattan District Attorney’s office, was rejected on the day it was filed by the judge, according to Just the News.

The judge, Mary Kay Vyskocil, is a Trump appointee. She wrote that the “Court declines to enter the proposed Temporary Restraining Order and Order to Show Cause” and noted that Bragg failed to provide several documents to the court that he referenced in his 50 paged lawsuit. The court order states that “The moving papers reference a Declaration…but the Court has not been provided with this document yet, nor is it on the docket. The Court has not been provided with a copy of the subpoena purportedly served on Mr. Pomerantz.”

Representative Jordan and his codefendants have filed a 35-page motion for Bragg’s entire lawsuit to be dismissed. In the motion for dismissal, it noted that Bragg sought “extraordinary and unconstitutional relief from this Court to impede a Congressional inquiry by preventing a witness from complying with a duly issued subpoena.” The motion also commented that Bragg ” failed to apprise the Court of these Defendants’ immunity from suit under the U.S. Constitution’s Speech or Debate Clause.”

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Since the Speech or Debate Clause protects valid legislative activity, such as investigations, that is conducted for a clear legislative purpose, the motion essentially argues, Bragg’s lawsuit has no legal merit to it. In their case, the motion details they seek the testimony as part of their investigation with the aim of enacting future legislation that “insulate[s] current and former Presidents from such politically motivated state and local prosecutions.” Mr. Pomerantz’s subpoena is valid because it was “issued in furtherance of the Committee’s investigation.”

Mr. Jordan and his House Judiciary Committee also hosted a congressional hearing showcasing Mr. Bragg’s failure to uphold the law. The House Judiciary Committee noted the testimony by a Democratic city councilman who had “never seen crime this bad” and in the video clip of the testimony lambasted the current crime wave striking the Empire City.

DEMOCRAT city councilman Robert Holden has lived in New York City for 71 years.

He’s never seen crime this bad.

Just watch. pic.twitter.com/agiWhjJbaf

— House Judiciary GOP (@JudiciaryGOP) April 17, 2023

The same person also blamed this crime wave on the “failed progressive policies implemented by Manhattan District Attorney Alvin Bragg” and detailed how Bragg’s policies led to this abyss in the video attached to the comment by the House committee about “Alvin Bragg’s failure to keep the city safe.”

Democrat New York City councilman Robert Holden SLAMS Alvin Bragg's failure to keep the city safe. pic.twitter.com/8dBWTQfYm7

— House Judiciary GOP (@JudiciaryGOP) April 17, 2023

Representative Jim Jordan summarized the plight of New York City on social media by claiming that “170,000 felony crimes were reported in New York City last year — the most since 2006. Major crimes are up 23%. But Democrats say NYC is ‘America’s safest big city.’ Give me a break.”

170,000 felony crimes were reported in New York City last year — the most since 2006.

Major crimes are up 23%.

But Democrats say NYC is “America’s safest big city.”

Give me a break.

— Rep. Jim Jordan (@Jim_Jordan) April 17, 2023

Mr. Bragg’s office has indeed pitched New York City as “the safest big city in America” and claimed data showed that murders, burglaries, and robberies were down.  The New York Times, hardly a Republican newspaper, recorded back in January that “[m]ajor [c]rimes [r]ose 22 percent in New York City.”