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Trump

Then-U.S. President Donald Trump speaks during a July 30, 2020 White House press conference in Washington, D.C. after tweeting about postponing the November 2020 general election over baseless allegations of fraud. (Photo: Alex Wong/Getty Images)

NY Prosecutor Who Resigned Believes Trump Is 'Guilty of Numerous Felony Violations'

In his resignation letter, Mark Pomerantz wrote that the new Manhattan DA's decision not to prosecute the ex-president "is misguided and completely contrary to the public interest."

Jessica Corbett

The New York Times on Wednesday published the full resignation letter of a prosecutor who abruptly quit last month over the new Manhattan district attorney's refusal to bring charges against former President Donald Trump.

"I fear that your decision means that Mr. Trump will not be held fully accountable for his crimes."

"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," Mark Pomerantz wrote to the new district attorney, Alvin Bragg, on February 23.

As the prosecutor detailed of the ex-president: "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."

"You have reached the decision not to go forward with the grand jury presentation and not to seek criminal charges at the present time," he noted. "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," Pomerantz added. "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 fear that your decision means that Mr. Trump will not be held fully accountable for his crimes," he concluded. "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."

Publication of Pomerantz's letter follows extensive reporting by the Times about the "unraveling" of the probe, which led to his and Carey Dunne's February resignations—a development legal experts had called "troubling" and "a sign of severe disarray internally."

Trump's attorney, Ronald P. Fischetti, said Wednesday that "we should applaud District Attorney Alvin Bragg for adhering to the rule of law and sticking to the evidence while making an apolitical charging decision based solely on the lack of evidence and nothing else."

However, a spokesperson for Bragg, Danielle Filson, confirmed to the Times that the probe of Trump's business practices—launched under the former DA, Cyrus Vance Jr., who didn't seek reelection—is continuing.

"A team of experienced prosecutors is working every day to follow the facts and the law," she said. "There is nothing more we can or should say at this juncture about an ongoing investigation."


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