The letter published by The New York Times on Wednesday stated that Mark Pomerantz had told Alvin Bragg that there was sufficient evidence to prove Mr. Trump’s guilt beyond any reasonable doubt of claims that he falsified financial reports in order to obtain loans and enhance his image as a successful businessman.
Pomerantz wrote that “the team that has been investigating Donald Trump harbors no doubt whether he committed any crimes — he did.”
After clashing with Bragg about the future of the case, Pomerantz and Carey Dunne, his former leader on the Trump probe, resigned February 23.
They were both top deputies who were responsible for running the investigation day-to-day. Both were former District Attorney Cyrus Vance Jr.’s investigators, and Bragg asked them both to remain when he assumed office in January. Both Vance as well as Bragg are Democrats.
Pomerantz stated in his resignation letter that Vance had instructed his deputies present evidence to grand juries and seek an Indictment of Trump and the other defendants. No ex-president has been charged with any crime.
Pomerantz wrote, “I believe that your decision to not prosecute Donald Trump right now, and based on the existing records, is misguided”
Bragg spokesperson Danielle Filson stated Wednesday night in a statement that Trump’s investigation is ongoing and that a team of experienced prosecutors was working daily to verify the facts. We don’t have any information to offer at this time about the ongoing investigation.
Trump’s lawyer received a message seeking comment.
Trump called the investigation a “witch hunt” politically motivated.
The Associated Press asked for copies of Pomerantz’s and Dunne’s resignation letters as per New York’s open record law. However, the district attorney’s office denied the request February 25.
The office rejected the rejection saying: “The criminal case both individuals were assigned still remains pending; as a result, the public release letters that reflect internal deliberations, opinions, and concerns about an ongoing investigation will likely interfere with this investigation.”
In 2019, the Manhattan district attorney’s office began investigating Trump. It first examined hush-money payments made to women for his benefit, then expanded into an investigation into whether Trump’s company misled tax authorities or lenders about the property’s value.
The three-year investigation into Trump’s tax fraud has led to tax fraud charges against Trump Organization and its long-serving finance chief Allen Weisselberg for lucrative fringe benefits like rent, car payments, school tuition, and car payments.
Vance brought Pomerantz out of private practice to bring his knowledge in white collar investigations to Trump’s probe. Dunne argued before America’s Supreme Court in a multi-year battle for Trump’s tax records.
Bragg stated that he was proud to have taken over the D.A.’s Office from Vance in January after 12 years of service.
In January, Letitia James, New York’s Attorney General, claimed in court filings that she had discovered evidence that the Trump Organization used fraudulent or misleading valuations of assets in order to obtain loans and tax benefits.
Trump’s Statement of Financial Condition, a snapshot of his financial position each year, has been submitted to banks for hundreds of millions of dollars in loans to buy properties like a Wall Street office building or a Florida golf course. Financial magazines have also requested it to support his claim to be one of the world’s most successful billionaires.
His lawyers argued that the statements were true and that attempts to make disagreements over the value of real property into a crime were political motivated.
Some legal experts suggested that Manhattan prosecutors could face a hurdle in trying to prove that Trump or his company deliberately falsified financial statements.
Pomerantz wrote in his resignation letter that Trump should be tried “without any further delay”, noting that most of the evidence was from before Trump was President, and that the investigation had been prolonged by the tax returns battle and other fights.
He wrote that waiting to see if there is more evidence would be futile and only raise additional questions about Trump’s inability to be held accountable for his criminal behavior.
“No case is perfect. Pomerantz stated that regardless of the risk, I believe that failing to prosecute the case will present greater risks for public confidence in fair administration of justice.