General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsUnder NY law, Gov. Hochul could direct Letitia James to take over the DJT prosecution Bragg dropped.
https://www.nydailynews.com/opinion/ny-oped-trump-prosecution-can-continue-20220325-otvwiq3gzza5nlfqpf75zsupcu-story.html
Richard Briffault, a Columbia University law professor whose specialty is constitutional law, told me that the governors authority to take the case away from Bragg is beyond dispute.
It is clear under the state Constitution, state law and state judicial precedent that the governor has the power to direct the state attorney general to take over criminal cases like this, Briffault said after reviewing the relevant law and judicial rulings.
SNIP
John Moscow, in the last century a legendary white-collar prosecutor under then-District Attorney Robert Morgenthau, said that Hochul should promptly appoint James to take control of the case.
His view, like mine, is based on Pomerantzs resignation letter. Published Wednesday in The New York Times, it essentially says that despite what the veteran prosecutor insists is a strong, provable case, Bragg feared losing at trial.
In his resignation letter, Pomerantz wrote: 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.
Bernardo de La Paz
(49,000 posts)JohnSJ
(92,176 posts)Miguelito Loveless
(4,465 posts)LenaBaby61
(6,974 posts)Is a close friend of that treasonous hog tRump.
We'll see
DinahMoeHum
(21,784 posts)Thanks.
Hoyt
(54,770 posts)Lucky Luciano
(11,253 posts)Hoyt
(54,770 posts)dem4decades
(11,283 posts)But we're going to ask a state agency to take over a municipal agencies investigation? Can't the fucking DOJ do anything? How about taking the lead from J6? Or the Georgia investigation? Michigan? Are they too busy with low level trash?
pnwmom
(108,977 posts)Hekate
(90,658 posts)calimary
(81,220 posts)As Captain Picard would command: make it so!
L. Coyote
(51,129 posts)I believe the Governor (or state AG?) can pass the case to another county DA.
Either way, acting fast seems to be important given how Bragg is working for Trump and trying to derail continued investigation ASAP.
brooklynite
(94,510 posts)pnwmom
(108,977 posts)If he's not ending it, he should say so.
https://www.washingtonpost.com/outlook/2022/03/26/trump-alvin-bragg-manhattan/
Pomerantzs resignation letter makes clear that Bragg made the decision to end a long-standing investigation over the objections of line prosecutors. Pomerantz is a prosecutor with formidable expertise in complicated cases, like the one the office was reportedly building against Trump, and the veteran litigator is not known for hyperbole or grandstanding. The letter stated his belief that we have evidence sufficient to establish Mr. Trumps guilt beyond a reasonable doubt. Although we do not have access to all the evidence prosecutors reviewed, both exculpatory and inculpatory, the public record betrays a strong case for bringing an indictment. Two of us explained why in a lengthy report last year, concluding that Trump faced liability for offenses including falsifying business records.
brooklynite
(94,510 posts)People here choose to disregard it. A good conspiracy theory (corruption, blackmail) is apparently more fulfilling.
pnwmom
(108,977 posts)and Pomeranz's letter has been released.
Bragg owes people a decision and an explanation, one way or another.
brooklynite
(94,510 posts)Tickle
(2,518 posts)I read they most likely wont because people can change statements that were made under oath