Friday, March 31, 2023

Jim Jordan being put in his place

(Not that he'll stay there.)

Bragg tells Jordan exactly why Jordan's demands to interfere with the Manhattan case against Trump are pure bullshit.

In part:
Congress has no warrant for interfering with individual criminal investigations—much less investigations conducted by a separate sovereign. See United States v. Lopez, 514 U.S. 549, 561 (1995)

[...]

Moreover, your examination of the facts of a single criminal investigation, for the supposed purpose of determining whether any charges against Mr. Trump are warranted, is an improper and dangerous usurpation of the executive and judicial functions. See Trump v. Mazars USA, LLP, 140 S. Ct. 2019, 2032 (2020) (“Congress may not issue a subpoena for the purposes of ‘law enforcement’ because “those powers are assigned under our Constitution to the Executive and the Judiciary.”) [...] Even worse, based on your reportedly close collaboration with Mr. Trump in attacking this Office and the grand jury process,4 it appears you are acting more like criminal defense counsel trying to gather evidence for a client than a legislative body seeking to achieve a legitimate legislative objective

[...]

Like any other defendant, Mr. Trump is entitled to challenge these charges in court and avail himself of all processes and protections that New York State’s robust criminal procedure affords. What neither Mr. Trump nor Congress may do is interfere with the ordinary course of proceedings in New York State. Your first letter made an unprecedented request to the District Attorney for confidential information about the status of the state grand jury investigation—now indictment— of Mr. Trump. Your second letter asserts that, by failing to provide it, the District Attorney somehow failed to dispute your baseless and inflammatory allegations that our investigation is politically motivated. That conclusion is misleading and meritless. We did not engage in a point-by-point rebuttal of your letter because our Office is legally constrained in how it publicly discusses pending criminal proceedings, as prosecutorial offices are across the country and as you well know. That secrecy is critical to protecting the privacy of the target of any criminal investigation as well as the integrity of the independent grand jury’s proceedings.

[...]

The Committees’ initial rationale for its inquiry related to this Office’s use of federal funds. Over the last decade and a half, this Office has contributed to the federal fisc. Indeed, the DA’s Office has helped the Federal Government secure more than one billion dollars in asset forfeiture funds in the past 15 years. The DA’s Office receives only a small fraction of those forfeited funds.

Our review of the Office’s records reflect that, of the federal forfeiture money that the Office helped collect, approximately $5,000 was spent on expenses incurred relating to the investigation of Donald J. Trump or the Trump Organization. These expenses were incurred between October 2019 and August 2021. Most of those costs are attributed to the Supreme Court case, Trump v. Vance—subpoena-related litigation in which the DA’s Office prevailed and which led to the indictment and conviction of Trump Organization CFO Allen Weisselberg and two Trump organizations. No expenses incurred relating to this matter have been paid from funds that the Office receives through federal grant programs.
So fuck off, Jim Jordan.

If you will not withdraw your request, we reiterate our willingness to meet and confer with you or your staff about how we can accommodate your request without violating our obligations as prosecutors to protect the integrity of an ongoing criminal prosecution. We respectfully request that you provide us with a list of questions you wish to ask District Attorney Bragg and to describe the type of documents you think we could produce that would be relevant to your inquiry without violating New York grand jury secrecy rules or interfering with the criminal case now before a court. We trust you will make a good-faith effort to reach a negotiated resolution before taking the unprecedented and unconstitutional step of serving a subpoena on a district attorney for information related to an ongoing state criminal prosecution
I'm afraid Jordan is going to betray that trust.

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