Former New York prosecutor accuses Trump of ‘numerous’ felonies in resignation letter

In late 2021, then New York County District Attorney Cyrus Vance launched an investigation into potential financial crimes committed by Donald Trump. At the core of the case was charging Trump with falsifying business records, specifically his annual financial statements. This is a felony in New York State and the key element around which senior prosecutors Mark F. Pomerantz and Carey R. Dunne were building their case.

On November 2, 2021, Alvin Bragg was elected to the office of District Attorney. In February of 2022, he made the decision not to pursue criminal charges against Trump. This prompted the immediate resignation of Dunne, closely followed by Pomerantz.

The New York Times printed the latter’s resignation letter on March 23. In it, he detailed Vance’s involvement with the case and how he “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.” 

Pomerantz notes that Bragg devoted time to understanding this evidence and how it violated the law. Though the prosecutor did not question the decision to go forward with a grand jury presentation and seek criminal charges, he did express strong feelings about it.

“You have reached the decision not to go forward with the grand jury presentation and not to seek criminal charges at the present time. The investigation has been suspended indefinitely. Of course, that is your decision to make. I do not question your authority to make it, and I accept that you have made it sincerely. However, a decision made in good faith may nevertheless be wrong. I believe that your decision not to prosecute Donald Trump now, and on the existing record, is misguided and completely contrary to the public interest.”

In a recent update to his resignation on February 23, Pomerantz reinforced his conclusion that Trump is “guilty of numerous felony violations” and that it was “a grave failure of justice” not to hold him accountable, as stated in his letter. This document is a deeply personal explanation of his actions, and for the first time, it explicitly states his belief that the DA’s office could successfully convict Donald Trump.

“The team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes — he did,” Mr. Pomerantz wrote. If Trump is ever indicted, it would be the highest-profile case to ever come out of the Manhattan district attorney’s office, making Trump the first American president to face criminal charges.