Saturday, April 22, 2023

Bragg Settles After Losing SDNY Bid To Stop Pomerantz Deposition on House Subpoena


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 21 – For weeks, a media spotlight has been on Manhattan District Attorney Alvin Bragg, including photographers waiting on Hogan Place and demonstrators on both sides in Collect Pond Park. 

 On April 11, Bragg reached south of Worth Street and filed suit in the U.S. District Court for the Southern District of New York.

  The assigned District Judge later issued a scheduling order:  "The Court will hold a hearing on Plaintiff's motion on April 19, 2023 at 2:00 PM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse. (Signed by Judge Mary Kay Vyskocil on 4/11/2023)."  

  Inner City Press live tweeted it, thread here

  Two hours later, Bragg's request was denied. He filed an appeal and an argument was set for April 25 at 2 pm. Then a Friday night special: "On April 19, 2023, this Court granted an administrative stay of the return date of the subpoena so that a three-judge panel could consider the motion seeking a stay pending appeal of the district court’s order. District Attorney Bragg, Chairman Jordan, and the Committee have now entered into a settlement agreement, with an effective date of April 21, 2023, that resolves this appeal. Although Mr. Pomerantz is not a party to that agreement, he joins the motion to dismiss this appeal. Pursuant to that settlement agreement, all parties have agreed that the above captioned appeals should be dismissed without prejudice, that the administrative stay should be dissolved, and that Plaintiff’s Emergency Application for an Administrative Stay And Stay of Return Date Pending Expedited Appeal be withdrawn."

The case is Bragg v. Jordan, et al., 23-cv-3032 (Vykocil)

More including analysis on Substack here


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