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Salon
Salon
Politics
Jessica Corbett

Ex-prosecutor urges DA to charge Trump

"We developed evidence convincing us that Donald Trump had committed serious crimes. As we put the facts together, many of us came to believe that we had enough evidence to convict him, and we could present a solid case in court that would lead to a guilty verdict."

That's what Mark Pomerantz—one of two prosecutors involved with the Manhattan district attorney's probe into the former president who resigned in protest last year—wrote in his new book, People vs. Donald Trump: An Inside Account, set to be published Tuesday by Simon & Schuster.

The Hill, which obtained a copy of the 304-page book, reported Monday on what Pomerantz had to say about Alvin Bragg, Manhattan's current district attorney, succeeding Cy Vance Jr.

"The district attorney agreed and authorized the new prosecution," Pomerantz wrote of Vance. "But then the district attorney's office went through one of its very infrequent regime changes. The new regime decided that Donald Trump should not be prosecuted, and the investigation faltered."

According to The Hill:

Bragg in a statement said he didn't read the book, but he criticized it for jeopardizing the office's ongoing investigation. When reached for comment, his office also provided a copy of confidentiality rules in the employee handbook and a series of statements from prosecutor groups raising concerns.

"After closely reviewing all the evidence from Mr. Pomerantz's investigation, I came to the same conclusion as several senior prosecutors involved in the case, and also those I brought on: more work was needed. Put another way, Mr. Pomerantz's plane wasn't ready for takeoff," Bragg said in a statement.

"Our skilled and professional legal team continues to follow the facts of this case wherever they may lead, without fear or favor. Mr. Pomerantz decided to quit a year ago and sign a book deal," he added.

The book is not the first time Pomerantz has made his argument that investigators had enough evidence to charge Trump, who is now seeking the GOP's 2024 presidential nomination. Last March, The New York Timesreported on the ex-prosecutor's resignation letter to Bragg the previous month.

"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," Pomerantz wrote. "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."

Pomerantz—who spent a year poring over Trump's financial statements and accounting documents from 2011-20—also outlined the case against the former president Sunday in a "60 Minutes" interview CBS News' Bill Whitaker:

Mark Pomerantz: And what the investigation determined was that the financial statements that were submitted to banks for those years were overstated in each case by literally billions of dollars.

Bill Whitaker: Billions—

Mark Pomerantz: Billions of dollars.

Bill Whitaker: How was his business empire dependent on, or influenced by these false statements?

Mark Pomerantz: The financial statements that he prepared were given to the banks, and had to be given to the banks, in order to get the loans that he got. So he got hundreds of millions of dollars of bank financing in connection with many of his properties.

Bill Whitaker: it sounds like you're saying that his empire is built on lies.

Mark Pomerantz: His empire was built on lies. I am saying that.

[...]

Bill Whitaker: He paid off the loans. What's the crime? 

Mark Pomerantz: The law is crystal clear that you don't have to prove that a loan wasn't repaid or that a bank lost money. It's still a crime to lie to a bank to get a loan.

Asked what his message to Bragg is now, Pomerantz said: "This was a righteous case. You should bring it. It's important. And if you made the wrong decision, make a better decision."

Similar to his statement to The Hill, Bragg told "60 Minutes" that he believed that further investigation was needed and his office's probe is ongoing.

Trump lashed out at Pomerantz and what he called the CBS "hit job" on his Truth Social platform, saying in part: "Crooked Hillary Clinton's lawyer, radically deranged Mark Pomerantz, led the fake investigation into me and my business at the Manhattan D.A.'s Office and quit because D.A. Bragg, rightfully, wanted to drop the 'weak' and 'fatally flawed' case. Now, Pomerantz got himself a book deal, and is obsessively spreading falsehoods about me. With all of this vicious disinformation being revealed by a 'prosecutor,' how can I ever be treated fairly in New York, or anywhere else? End the Witch Hunts!"

The former president faces a variety of legal issues related to his business, his handling of classified documents, and his attempt to overturn the 2020 election.

The "60 Minutes" interview and The Hill's reporting followed multiple reports about the forthcoming book—including The Daily Beastrevealing Friday that Pomerantz wrote, "To rebut the claim that Trump believed his own 'hype'... we would have to show, and stress, that Donald Trump was not legally insane."

"Was Donald Trump suffering from some sort of mental condition that made it impossible for him to distinguish between fact and fiction?" he added, noting that lawyers advising the district attorney's office "discussed whether Trump had been spewing bullshit for so many years about so many things that he could no longer process the difference between bullshit and reality."

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