Resignation letter of fmr. Manhattan prosecutor says Trump is ‘guilty of numerous felony violations’

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Former prosecutor Mark Pomerantz, who was investigating former President Donald Trump and quit the Manhattan DA’s office in February, leaked his resignation letter to The New York Times, doubling down on his assertion that the 45th president is “guilty of numerous felony violations.”

Pomerantz was the senior prosecutor on the case. He abruptly quit after New York County District Attorney Alvin Bragg indicated that moving forward with the case was not viable. A second prosecutor named Carey Dunne also followed him out the door. His resignation letter was dated Feb. 23.

“As you know from our recent conversations and presentations, 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. 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,” Pomerantz wrote in his letter printed by the New York Times.

“In late 2021, then-District Attorney Cyrus Vance directed a thorough review of the facts and law relating to Mr. Trump’s financial statements. Mr. Vance had been intimately involved in our investigation, attending grand jury presentations, sitting in on certain witness interviews, and receiving regular reports about the progress of the investigation. He concluded that the facts warranted prosecution, and he directed the team to present evidence to a grand jury and to seek an indictment of Mr. Trump and other defendants as soon as reasonably possible,” he continued.

“This work was underway when you took office as District Attorney. You have devoted significant time and energy to understanding the evidence we have accumulated with respect to the Trump financial statements, as well as the applicable law. You have reached the decision not to go forward with the grand jury presentation and not to seek criminal charges at the present time. 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. 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 therefore cannot continue in my current position,” the prosecutor wrote.

After stating that time was of the essence, he continued, “To the extent you have raised issues as to the legal and factual sufficiency of our case and the likelihood that a prosecution would succeed, I and others have advised you that we have evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt, and we believe that the prosecution would prevail if charges were brought and the matter were tried to an impartial jury. No case is perfect. Whatever the risks of bringing the case may be, I am convinced that a failure to prosecute will pose much greater risks in terms of public confidence in the fair administration of justice. As I have suggested to you, respect for the rule of law, and the need to reinforce the bedrock proposition that ‘no man is above the law,’ require that this prosecution be brought even if a conviction is not certain.”

It seems Pomerantz feels his chance to nail Trump is slipping away.

“On the contrary, I and others believe that your decision not to authorize prosecution now will doom any future prospects that Mr. Trump will be prosecuted for the criminal conduct we have been investigating,” he wrote.

“I fear that your decision means that Mr. Trump will not be held fully accountable for his crimes. 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,” he concluded.

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Pomerantz was pulled out of retirement as a federal prosecutor by then-District Attorney Cyrus Vance Jr. in 2021 to go after Trump’s business dealings.

The original plan by the leftist attack dogs was to charge Trump with a “scheme to defraud,” accusing him of overstating the value of his assets in order to obtain bank loans. However, they later changed their minds and decided to charge him with falsifying business records.

“There just was not sufficient evidence to charge my client,” Ronald Fischetti, an attorney for Trump, told CNN. “Believe me, I’ve worked on this case for longer than Mark was there. I know the evidence that he has, he doesn’t have one live witness who would take the stand and point a finger at Donald Trump and say that he was corrupt. Not one.”

“In my opinion, I think Alvin Bragg should get credit for what he did. He decided this case based on the lack of evidence, not based on politics,” Fischetti asserted.

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