Like most prog prosecutors, there’s no reason to think that DA Alvin Bragg is any good in the courtroom. Some prog prosecutors are dedicated fanatics, but genuinely good prosecutors tend to be more interested in doing things than in not doing them. And Bragg has always struck me as lazy, inept and half-assed.
His office’s feeble attempts to battle against a House GOP subpoena in front of a federal judge make that case.
The subpoena was aimed at Pomerantz, who had worked for the DA’s office in going after Trump. Pomerantz vocally resigned and blasted Bragg for not going after Trump. And he wrote a book about it. Bragg’s office then decided to claim that Pomerantz couldn’t be subpoenaed by Congress because he has privileged information despite already writing a book about the case.
The DA’s office insists that the DA’s privilege wasn’t Pomerantz’s to waive.
Bragg’s general counsel Leslie Dubeck addressed the waiver question in separate questioning, which was equally incisive.
“Have you read this book?” Vyskocil, who had a copy of the tome, asked.
“Yes,” Dubeck acknowledged.
“Does it preserve your confidences?” the judge needled.
Dubeck acknowledged that Pomerantz did not and said he opened himself to criminal and civil liability. The judge then pointedly asked whether the DA’s office took any actions to block the distribution of the book. Her ruling hammers that point further.
“Bragg cannot seriously claim that any information already published in Pomerantz’s book and discussed on prime-time television in front of millions of people is protected.
The judge here is a Trump appointee and sympathetic to him, but she made a point of asking tough questions of both sides. Both sides had fairly weak arguments. There are no real legal grounds for a House subpoena over a local investigation, but there are even fewer legal grounds for trying to block one. And Bragg’s people were just not prepared. Facing a hostile judge is something any decent DA’s office has to be able to manage. And while Bragg will enjoy a friendlier judge in the actual Trump case, this doesn’t bode well for his competence.
This is not the A-Team. It’s not even the B-Team. It’s the D-Team. Bragg isn’t really for a big case.