Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.


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."

Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.

DOJ Sues to Prevent Arizona's 'Onerous' Proof of Citizenship Voting Law

Assistant U.S. Attorney General for Civil Rights Kristen Clarke said the law "constitutes a textbook violation of the National Voter Registration Act."

Brett Wilkins ·

House Progressives Urge Reforms to 'Hold These Rogue Justices to Account'

Recent rulings by the Supreme Court's right-wing majority have made clear the need for substantive changes, including expansion, argues Rep. Pramila Jayapal.

Kenny Stancil ·

'Win for Wildlife' as Federal Court Restores Endangered Species Protections Gutted by Trump

"In the midst of a global extinction crisis, the court's decision to vacate the rules will help ensure that imperiled species receive the protections they desperately need," said one advocate.

Julia Conley ·

Senate Urged to Block Biden's Pro-Privatization Nominee for Social Security Board

"The Senate can, and must, block this terrible nomination," Social Security Works said of the administration's choice of Andrew Biggs.

Jake Johnson ·

GOP Senator Defends Guantánamo Bay Prison as 'Absolutely Vital Institution'

Sen. James Inhofe's comments come as congressional Democrats are reviving efforts to close the notorious U.S. military prison.

Brett Wilkins ·

Common Dreams Logo