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Up first and arguing to invalidate the subpoena is Ted Boutrous, who says the subpoena has "grave" separation of powers issues.
After Boutrous says that Rep. Jordan's probe is trying to "intimidate" the DA's office, the judge snaps: "That's your interpretation of it."
Boutrous hammers home the Trump v. Mazars precedent by SCOTUS, which created the test for showing a congressional subpoena serves a legislative purpose.
Brutal questioning on Pomerantz's book.
Judge: Have you read this book?
Other Bragg lawyer: Yes.
Judge: Does it preserve your confidences?
No, she answers.
Judge: "If I find a valid legislative purpose, I am not allowed to look at the motivations on either side."
Boutrous says the landscape changed after Trump v. Mazars, after which judges now have to look at the evidence.
Judge Vyskocil questions Boutrous sharply from the out the gate, interrupting Bragg's attorney routinely on various issue.
She asks why overseeing the use of federal money isn't a valid legislative act.
She also asks about how Pomerantz's book isn't a waiver.
Then, a Democratic-controlled committee sought Trump's tax information.
Now, the shoe's on the other foot and the GOP-controlled committee wants to use this precedent to fight the subpoena.
Jordan claims that his committee is considering legislation to guard against political prosecution by local prosecutors.
The judge asks Berry why he needs testimony if one such bill is in play.
Q: If you already introduced the bill, why do you need testimony?
First off, preliminary matters:
Judge Eric M. Davis tells the parties he prefers live testimony, and he expresses skepticism for reasons Rupert Murdoch can't appear.
Davis says that Murdoch isn't "infirm."
A Fox lawyer responds:
"We’re not arguing that Mr. Murdoch is infirm or unable to travel."
They're arguing that he was extensively deposed, and so live testimony isn't necessary.
Judge: "There's politics going on here on both sides here. Let's be honest about that."
Boutrous says he doesn't concede that.
The judge then calls much of the complaint irrelevant to the subpoena issue.
The judge asks Berry whether the committee needs its "adjectives" of "politically motivated" to make their case.
"Doesn't it politicize it on your side, as well?" she asks.
Some background:
DA Bragg's general counsel addressed the federal funds rationale in a letter dated March 31.
The first part of the section addressing it notes that the DA's office contributed to the federal fisc — to the tune of more than $1 billion — via asset forfeiture.
To be clear, no gag order was either requested or granted.
The DA is seeking to enter a protective order by consent that would bind Trump.
U.S. District Judge Mary Kay Vyskocil is presiding.
The parties are noting the appearances for the court.
I can't emphasize enough: This is what lawyers call a hot bench.
Manhattan DA Bragg's attorney is getting a very tough reception.
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This is where things get more complicated:
The DA's office acknowledged using $5,000 on Trump-related matters between Oct. 2019 and August 2021 — i.e., during Cy Vance's tenure.
This was mostly on SCOTUS battle, the letter says. https://t.co/MGj0EtNb5ps3.documentcloud.org/documents/2373…
Rep. Jordan claimed the DA admitted to using federal funds to indict Trump.
In fact, the DA's office said: "No expenses incurred relating to this matter have been paid from funds that the Office receives through federal grant programs."
An explainer https://t.co/fRywO6CBvclawandcrime.com/trump/manhatta…
Judge Merchan went out of his way to say: "We're not close to a gag order."
Find out why both prosecutors and judge are hesitant to take that step in this explainer. lawandcrime.com/trump/why-some…
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Up now: Jordan's lawyer Matthew Berry.