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Manhattan D.A. Enlisted a Who’s Who of Biden Admin Buddies for Trump Takedown


BY: MARGOT CLEVELAND | APRIL 12, 2023

Read more at https://thefederalist.com/2023/04/12/manhattan-d-a-enlisted-a-whos-who-of-biden-admin-buddies-for-trump-takedown/

Manhattan D.A. Alvin Bragg with Joe Biden and NY AG Letitia James
There’s quite a pattern to the Manhattan D.A. office’s unprecedented use of outside, Democrat-connected lawyers to investigate Trump.

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MARGOT CLEVELAND

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A New York City law firm with “strong ties” to Democrats and the Biden administration, and a big-time fundraiser for both, lent the Manhattan district attorney three lawyers to help him take down Donald Trump. This cohort included former Special Assistant District Attorney Mark F. Pomerantz, whose leaked resignation letter appears responsible for the Manhattan prosecutor’s decision to indict Trump.

Manhattan D.A. Alvin Bragg became the first prosecutor to bring criminal charges against a former president when he moved forward last week with the arraignment of Trump on 34 counts of falsifying business records. The pathetic, barebones indictment was quickly denounced by pundits on both sides of the political aisle. Then on Friday, the House Judiciary Committee raised additional concerns about the role Matthew Colangelo, the former No. 3 man in the Biden administration’s Department of Justice, played in the targeting of Trump.

While Bragg’s hiring of Colangelo to reportedly “jump-start” the investigation into Trump further indicates the indictment was politically motivated, the Manhattan D.A. office’s unprecedented use of outside, Democrat-connected lawyers to investigate Trump pre-dates Colangelo’s arrival by nearly a year.

A Pattern

In early to mid-February of 2021, Bragg’s predecessor, District Attorney Cyrus Vance, arranged for private criminal defense attorney and former federal prosecutor Mark Pomerantz to be a special assistant district attorney for the Manhattan D.A.’s office. Pomerantz, whom The New York Times noted was to work “solely on the Trump investigation,” took a temporary leave of absence from his law firm, Paul, Weiss, Rifkind, Wharton & Garrison, where he had defended former Sen. Robert Torricelli, D-N.J., against alleged campaign finance violations. But even before being sworn in as a special assistant to the Manhattan D.A., Pomerantz had reportedly “been helping with the case informally for months…” 

According to the Times, “the hiring of an outsider is a highly unusual move for a prosecutor’s office.” One must wonder, then, how much more unusual it is for the Manhattan D.A.’s office to receive the “informal” assistance of a private criminal defense attorney. The legacy news outlet, however, justified the hiring of Pomerantz based on the “usual complexity” of “the two-and-a-half-year investigation of the former president and his family business.” 

A few months later, the D.A.’s office welcomed two more outsiders, Elyssa Abuhoff and Caroline Williamson, who also both took leaves of absence from the New York powerhouse Paul, Weiss to work on the Trump investigation as special assistant district attorneys.

For a law firm to lend not one but three lawyers to the Manhattan D.A.’s office seems rather magnanimous, until you consider Paul, Weiss’s previous generosity to Joe Biden. During Biden’s White House run, the law firm hosted a $2,800-per-plate fundraiser for about 100 guests. 

The chair of the Paul, Weiss law firm, Brad Karp, also topped the list of Biden fundraisers, bundling at least $100,000 for the then-candidate. “As someone who cares passionately about preserving the rule of law, safeguarding our democracy and protecting fundamental liberties, I’ve been delighted to do everything I possibly can to support the Joe Biden/Kamala Harris ticket,” Karp wrote in an email.

Karp’s support of the Democrat presidential ticket isn’t surprising given that his fellow Paul, Weiss partner Robert Schumer is Senate Majority Leader Chuck Schumer’s brother. 

Biden’s connection to the firm, however, dates much further back, with the former secretary of homeland security in the Obama-Biden administration, Jeh Johnson, also heralding from Paul, Weiss. Once elected president, Biden nominated Jonathan Kanter, a former partner of Paul, Weiss, to serve as the top antitrust enforcement official at the Justice Department. In fact, according to Bloomberg, Paul, Weiss has “emerge[d] as Biden-Era N.Y. Power Center.”

A Resignation

The three Paul, Weiss alumni sent to the Manhattan D.A.’s office to bolster the Trump investigations would all make news, but for different reasons. Pomerantz first garnered headlines when he resigned as a special assistant district attorney in early 2022, after Bragg became Manhattan’s D.A.

In his resignation letter, leaked to The New York Times, Pomerantz said that in late 2021, Bragg’s predecessor, Vance, had “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.” But after replacing Vance as D.A., Bragg decided “not to go forward with the grand jury presentation and not to seek criminal charges at the present time,” Pomerantz wrote, adding, “The investigation has been suspended indefinitely.”

What Pomerantz’s letter did not say, however, was that in late 2021, “at least three career prosecutors asked to move off the investigation,” reportedly “concerned that the investigation was moving too quickly, without clear evidence to support possible charges.” Instead, in his resignation, Pomerantz declared he believes “Donald Trump is guilty of numerous felony violations,” that “the public interest warrants the criminal prosecution of Mr. Trump,” and that “such a prosecution should be brought without any further delay.” 

Pomerantz later rejoined Paul, Weiss, Rifkind, Wharton & Garrison and authored a book about the Trump investigation.

Pomerantz’s letter and his claims that Bragg had suspended the Trump probe triggered a political firestorm, which the Manhattan D.A. sought to quell by telling the public the investigation was ongoing.

Criminal Charges

Meanwhile, the Manhattan D.A.’s office pushed forward in its criminal case against the Trump Corporation. A grand jury had indicted the Trump Corporation in late June of 2021 on charges it engaged in a scheme to avoid paying taxes on the salaries of high-level executives by instead funneling compensation through perks, such as luxury apartments and cars. A second Trump corporation would later be added to the criminal case that went to trial in late 2022.

The trial team that prosecuted the case included the other two Paul, Weiss attorneys on loan to the Manhattan D.A.’s office: Abuhoff and Williamson. Bragg borrowed a third outside attorney, Gary T. Fishman, from New York’s Democrat Attorney General Letitia James. Along with three regular members of the Manhattan D.A.’s office, the three “special assistant district attorneys” helped convict the Trump-related business entities in early December 2022. 

After securing convictions of the two Trump corporations, Abuhoff and Williamson ended their “special assistant district attorney” relationship with Bragg’s office in December 2022 and went back to Paul, Weiss — a return that would be short-lived. Abuhoff rejoined the Manhattan D.A.’s office in February 2023, and Williamson returned the next month, but now both as regular members of the staff. 

So short was their time back at Paul, Weiss, in fact, that one must wonder if the firm paid them bonuses following their departure from the Manhattan D.A.’s office. The Federalist posed this question to Paul, Weiss, but the inquiry went unanswered. Paul, Weiss also did not respond to questions concerning whether the lawyers received any compensation or Paul, Weiss benefits while on leave to the D.A.’s office. 

Abuhoff and Williamson’s return to the D.A.’s office followed the news that in early December, Bragg had hired Matthew Colangelo from the Biden DOJ to “jump-start” the office’s investigation into Trump. Upon his inauguration, Biden had appointed Colangelo to serve in the No. 3 slot at the DOJ, showing the trust Biden has in the lawyer now charged with taking down his opponent Trump. 

Colangelo had also previously worked in the Obama-Biden administration and as chief counsel and executive deputy attorney general in A.G. James’ office, where he and Fishman reportedly investigated Trump. As noted above, James would later lend Fishman to the Manhattan D.A.’s office, keeping with her campaign promise to “be a real pain in the -ss” to Trump. It’s no wonder House Judiciary Chair Jim Jordan is concerned about Colangelo’s role in the unprecedented indictment.

Connecting the Dots

But the issue goes much beyond Colangelo, for it seems likely Bragg never would have hired Colangelo had Pomerantz’s resignation letter never been leaked to The New York Times. It’s outrageous that Pomerantz was reportedly “informally” advising the former Manhattan D.A. while working for the “Biden-Era N.Y. Power Center” law firm with extensive connections to Democrats. Equally outrageous is the fact that the same law firm lent the D.A.’s office three lawyers to bolster the Trump investigation.

It seems Bragg was swayed by New York politics to alter the communist boast of Joseph Stalin’s secret police chief, Lavrentiy Beria: “Show me the man and I’ll show you the crime.” The Manhattan D.A. had the man but couldn’t find the crime. 

“Lend me your top attorneys to show me a crime,” is the new motto of the political machine New York Democrats built to purge the country, communist style, of Trump. That should horrify every American.


Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

Democrats’ Banana-Republic Persecution Of Donald Trump Must Meet A Republican Response


BY: TOM CRIST | MARCH 22, 2023

Read more at https://thefederalist.com/2023/03/22/democrats-banana-republic-persecution-of-donald-trump-must-meet-a-republican-response/

Donald Trump
This is the equivalent of a nationally televised jaywalking arrest to humiliate a person due solely to personal hate.

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American media has bombarded us daily from all directions to make sure we know that Donald Trump indirectly paid a woman to shut her mouth as she and her now-convict lawyer, Michael Avenatti, shook him down for money.

In New York, false financial accounting can be a low-level misdemeanor, but it’s rarely prosecuted. Now Alvin Bragg, a municipal prosecutor, is trying to make a name for himself by charging former President Trump with that crime.

This is the equivalent of a nationally televised jaywalking arrest to humiliate a person due solely to personal hate. George Soros, Bragg’s benefactor, must be grinning from ear to ear.

Hillary Clinton Got Off For a Worse Deed

Trump’s former lawyer accounted for the payment as consulting or attorney’s fees. Allegedly, so did President Trump, and $130,000 changed hands.

For perspective, Hillary Clinton and the Democratic National Committee paid $1 million for the infamous fictional “Steele dossier.” They paid for this using one of the Democratic Party’s most prominent lawyers, Marc Elias, as a cutout to hide who was paying for this opposition research that falsely claimed Trump was colluding with Russia.

They then laundered the dossier through various contacts to try to destroy Trump and get Clinton elected president. Those people officially accounted for the $1 million dossier expense as “legal fees.”  So, one side paid people to lie. The other paid someone not to lie, or at least not to speak.

Clinton lives in New York, the state in which Trump is likely to be charged over a $130,000 payment. She has not been charged for the $1 million payment. Do these events really sound vastly different to you?

Bragg hopes to spin that unserious charge into a federal campaign finance violation. Meanwhile, the dossier fraud, which affected two presidential elections and two presidential impeachments, was settled with a $113,000 fine.

Bragg’s Case Is a Mess

City prosecutors cannot charge people with federal crimes. Only feds can charge federal crimes, not some city prosecutor. Bragg has allegedly met with the Secret Service about how they will react to a New York City police officer approaching President Trump with handcuffs (if they can find one who will do it). Bragg is way over his head and wading into deep political waters.

New York Attorney General Tish James ran for office almost exclusively on a “get Trump” platform. She hated the man and promised to find a crime he committed, rather than responding to a crime and looking for a perpetrator. After years of not finding anything, she did not charge Trump with any crimes. Same state. Same New York laws. More investigative tools. Yet she passed on the opportunity to arrest a president.

The U.S. Department of Justice investigated the same alleged crime and also chose not to prosecute. Every prosecutor in the state above Bragg’s office passed on this one knowing they could not prove President Trump committed a crime. Or they realized that no serious person could charge Trump and not also indict Democrats.

Bragg is the same Manhattan DA who has publicly decriminalized crimes in the name of wokeness. This alleged prosecutor will ignore criminal violence and release people on their own recognizance after a stern talking to for beating someone half to death or attacking police. But he wants to charge Trump for this garbage after every one of his superiors has declined to do so. Why? Incompetence? Tunnel vision? Irrational hate? Why choose?

Democrats’ Hate Could Prompt a Constitutional Crisis

Many Democrats want Trump arrested for anything. They want to see him in cuffs more than they want their own kids to be happy and healthy. They have been searching for someone stupid or reckless enough to “perp walk” the man for the cameras. They might very well have found him. If Bragg does it over this fluff, it will prove to be a poor career choice for him and could have much broader implications that are rungs above his pay grade.

Some Dems even want conservatives to riot if a cop cuffs Trump, just like a lack of security made it easy for people to barge into the Capitol through open doors just to be charged and arrested. They might get their wish. And it is likely a trap. If it happens and people protest, see whether New York City will give them all “room to vent” like city officials gave lefty rioters for months. Hopefully, any protests will be peaceful. I will not be involved in any of it.

A lot of people continue to be surprised at these events and have truly had enough of the second set of rules for conservatives. If the hard left keeps pushing this kind of thing, it will eventually be deeply sorry.

Feds raided Trump’s house with a tactical team over papers a librarian wanted. Oddly, CNN was present and ran the story on a loop. Joe Biden dropped 50 years of classified documents all over the country and the feds let his personal lawyers (who lacked security clearances) sort them before giving them to the government at their leisure.

They investigate Trump from all sides. They give Biden a pass on everything. The feds investigated Trump’s sons and son-in-law for any irregularity. Yet Hunter Biden, a man in a long line of alleged Biden bag men, lives in a $40,000-per-month Malibu beach house and sells splatter paintings to anonymous purchasers for exorbitant amounts.

Wildly Unequal Legal Treatment

Everyone is supposed to just sit back and accept the different treatment and think it is okay and normal. This is far from normal—it is a thumb in the eye of half the American population.

Even apparently peaceful Jan. 6, 2021 protestors have been in pre-trial detention for two years. Black Lives Matter and Antifa got carte blanch to riot and burn courthouses with impunity with at least tacit support from the White House and open support from the vice president, who encouraged people to donate money to bail the rioters out of jail.

Firebomb a pro-life crisis pregnancy center and take credit for it, and Biden’s inept AG will give you a pass. Pray in front of an abortion clinic and you will be charged with a list of felonies. This is not sustainable. People, in large numbers, will eventually stop taking it.

The Acceleration of Dangerous Trends

In accordance with their oaths, prosecutors are not supposed to charge people with crimes they cannot prove, since doing so can ruin people’s lives even if they are eventually acquitted. The citizenry remembers the charge, not the acquittal.

Likewise, presidents are not supposed to issue executive orders they know will be overturned as unlawful, just for political gain and show. Both have been happening for the last two years at a clip never before encountered. Team Biden is daring half the country. Stand up, but do not take the bait.

Many think Bragg will charge Trump soon because he can. These people might not be ready for the fallout they will provoke. And by that, I do not mean violence. I mean turnabout.

Republicans may politically finally address Democratic Party lawfare, taking an eye for an eye. Some have recently shown backbone their predecessors lacked. Their voters will increasingly elect officials who promise to do so. Trump himself was a harbinger of this.

Republicans Need to Respond, Good and Hard

If Bragg pulls the proverbial trigger, everyone had better be really sure about his next moves. Bragg and his upstream cronies will not be able to take it back, apologize, call for calm, or put that leftist authoritarian genie back in the bottle.

If they think they are right and their ideas the best, Democrats should square up and try to beat at the polls whomever the Republican candidate is in 2024. Another round of transparent politically driven rigging, especially like this, after the ridiculous failures of their impeachment efforts and Jan. 6 show trials, will light a dangerous fuse for which the American people have lost patience.

Most countries that fail to address unequal treatment start dying from within. Every American should want to avoid that for all our sakes. Bragg staying out of presidential politics and focusing on the skyrocketing violent crime rate in his own backyard would be a welcome next step.

When Republicans take the White House, they should make sure prosecutors at every level have every resource and unclassified document they require to investigate and, if mandated, charge everyone on team leftist. No letting things slide. If the Dems want old-fashioned dirty politics, the other side might finally give it to them good, hard, and thoroughly.


Thomas Crist is a husband, father, lawyer, and political conservative who loves his country and despises all myopic hypocrisy regardless of its source.

Indicting Trump Will Usher In America’s Banana-Republic Stage


BY: MARGOT CLEVELAND | MARCH 21, 2023

Read more at https://thefederalist.com/2023/03/21/indicting-trump-will-usher-in-americas-banana-republic-stage/

Donald Trump
The move to indict a former president for the first time in our country’s history will make political prosecutions the new norm in America.

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MARGOT CLEVELAND

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A Manhattan grand jury appears poised to indict Donald Trump, according to news reports and the former president himself. Here’s what you need to know to understand the chatter about the anticipated criminal charges against Trump—and why the move to indict a former president for the first time in our country’s history will make political prosecutions the new norm in America.

While only the grand jury and prosecutors know for certain what charges against Trump, if any, are being considered, the consensus is that Manhattan District Attorney Alvin L. Bragg, a Democrat, is pursuing a criminal case against Trump for allegedly falsifying business records, in violation of Sections 175.05 and 175.10 of the New York Penal Code.

Section 175.05 provides “a person is guilty of falsifying business records in the second degree when, with the intent to defraud, he makes or causes a false entry in the business records of an enterprise.” Falsifying business records in the second degree is a misdemeanor, subject to a two-year statute of limitations.

A violation of Section 175.10, however, is a felony, subject to a five-year statute of limitations. That section defines the offense of falsifying business records in the first degree and provides that if a person falsifies business records with the “intent to commit another crime or to aid or conceal the commission” of another crime, the offense is one in the first degree.

The underlying factual theory for charging the former president rests on Trump allegedly causing the Trump Organization to falsely report payments made to Michael Cohen in 2017 as “legal expenses,” when the money instead reimbursed (and then some) Cohen for the $130,000 payment he made to Stormy Daniels before the 2016 election to keep the pornography performer from publicly claiming she had sex with Trump a decade earlier. In total, the Trump Organization reported legal expenses of $420,000 paid to Cohen in 2017, at a monthly rate of $35,000. Cohen, however, had provided no legal services for the Trump Organization that year.

To bump what would be a misdemeanor under New York law to a felony, pundits are suggesting the D.A. will argue Trump caused the Trump Organization to falsify its business records to conceal the commission of one or more federal election crimes. The Manhattan prosecutor, however, might also advance the theory that Trump caused the Trump Organization to falsely report the payments with the intent of committing tax fraud.

Even before reaching the merits of the legal theories being bandied about to charge Trump criminally, a public suspicious of the Get-Trump attitude seen over the last seven years will notice the statute of limitations seems to bar Bragg’s prosecution of Trump. But Bragg has two ways to sidestep the two- and five-year statutory time limits.

First, if Bragg charges Trump with a felony, the longer five-year period applies. While more than five years have passed since the Trump Organization last recorded a “legal expense” to Cohen, New York’s former governor, Andrew Cuomo, by executive order extended the statute of limitations for one year (or thereabouts) due to Covid-19. That tolling would make a felony indictment against Trump timely.

Alternatively, because New York law provides that any time a defendant remains “continuously outside” of the state is excluded from the statutory period, an indictment against Trump would be timely. From late January 2017 on, Trump was “continuously outside” New York, first in D.C. and then in Florida, meaning the statute of limitations only ran those few times Trump was in New York. That isn’t even close to the two years necessary for the misdemeanor statute of limitations to expire, much less the five-year period applicable to felony offenses.

So, the statute of limitations won’t likely bar one or more falsifying business records counts. But what about the merits?

Cohen already pleaded guilty to federal charges related to his payments to Stormy Daniels. But to convict Trump on the anticipated state charges, the Manhattan prosecutor would need to establish beyond a reasonable doubt that Trump (1) caused the Trump Organization to falsify its business records (2) “with the intent to defraud.”

From public reporting, it appears Cohen is a star witness for the prosecution, likely testifying Trump directed him to make the payments to silence Daniels and promising reimbursement from the Trump Organization. Whether a paper trail supports Cohen’s testimony is unclear, but without one, it will be Cohen’s word—the word of a convicted felon—crucial to establish the crime.

Cohen’s testimony also already appears under fire. A “former legal advisor to Cohen,” Robert Costello, reportedly testified before the grand jury on Monday, “solely to undermine” Cohen’s credibility.

But prosecutors will need to prove more than that Trump caused the Trump Organization to falsify its business records. They will need to establish he also had the “intent to defraud.” Here, the defense can easily counter that Trump’s intent was to avoid embarrassment to his family caused by what he claims is a lie, rather than to “defraud” anyone.

Should prosecutors nonetheless prove their case, it is only a misdemeanor, unless they can further establish Trump intended “to commit another crime or to aid or conceal the commission” of another crime. Proving either will be even more challenging.

First, to establish Trump intended to conceal a violation of federal election law, the Manhattan D.A. would need to prove Trump had committed an election-law crime. While Cohen alleged paying off Daniels to advance Trump’s electoral chances, Trump has another justification, namely avoiding any embarrassment for himself and his family, that does not run afoul of federal election law.

Proving Trump intended to commit tax fraud would likely be a difficult case to prove as well, with prosecutors needing to establish Trump’s knowledge of the intricacies of the corporation’s tax filings to show he held the requisite intent.

This inside-the-law analysis reveals an exceedingly weak case, but that is only a fraction of what the public will care about. On top of the questionable charges, the general public will see a man hounded for seven years with false claims of Russia collusion and other supposed crimes. They will see a statute of limitations that on its face appears to have run. And they will see a local prosecutor pushing charges previously rejected by a federal U.S. attorney.

Then there was the public pressure placed on Bragg to indict Trump, best exemplified by the backlash he faced after he apparently backed off charging the former president for crimes supposedly connected to the Trump Organization’s finances. At the time, “two prosecutors quit his office,” and “one of the prosecutors, Mark Pomerantz, wrote a highly critical book that the media has celebrated.”

In short, the public will see a vindictive political prosecution of Trump.

Maybe there will be a time to charge a president or a former president with a crime, but the facts here do not support making that leap. While D.A. Bragg and those pushing for Trump’s indictment may seek cover behind the well-worn American proposition that “no one is above the law,” the corollary is equally important: Our political enemies are not targeted for prosecution.


Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

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