Legal Reporter on MSNBC Casts Doubt About Bragg’s Lawsuit Against Jim Jordan: ‘Uphill Battle’

Josh Gerstein, senior legal affairs contributor for Politico cast doubt over the merits of Manhattan District Attorney Alvin Bragg’s lawsuit against House Judiciary Committee Chairman Jim Jordan (R-OH) on MSNBC’s Morning Joe Wednesday morning, suggesting Bragg faces an “uphill battle” to receive the relief he’s seeking.

Bragg filed a lawsuit against Jordan Tuesday alleging that the conservative firebrand had been using his position to illegally interfere with his ongoing prosecution of former president Donald Trump. The lawsuit characterized Jordan’s subpoenaing of Mark Pomerantz, a former prosecutor in Bragg’s office and attempts to compel Bragg himself to testify as a “brazen and unconstitutional attack” on the DA’s work.

During a segment on Wednesday morning, Gerstein expressed his misgivings about Bragg’s chances of having Pomerantz’s subpoena invalidated.

“Republicans hope that Mark Pomerantz is their way in to this investigation, and Bragg decided to take a preemptive move going to federal court, interestingly in New York, not down here in Washington, D.C., and see if he can halt this subpoena but I do think it’s gonna be an uphill battle for Bragg,” said Gerstein.

Morning Joe regular Katty Kay concurred, explaining that Republicans were likely to “come back and say ‘Look, hold on a second. Pomeranz has written the book. This is all out there in public, and so how can you stop him from testifying when people have already read what he has to say?'”

“Right, I mean, that’s the trickiest part of this, Katty. Given that Pomeranz wrote the book, it’s hard for him to sort of take the position that ‘I can’t say one word to you now, I need to zip my lip because of this current prosecution that’s going on,'” Gerstein replied.

Pomerantz resigned from his position on Bragg’s team last year after Bragg indicated that he would not pursue charges against Trump at that time. He went on to write a book about his experience working for Bragg,  People v. Donald Trump: An Inside Account, which was released this February.

Gerstein went on to explain why Bragg would not want Pomerantz to offer sworn testimony, despite his support for prosecuting Trump:

I think the concern is that if they [Republicans] did get Pomeranz on the witness stand or in a deposition, that we might see a lot more of the inside baseball within Bragg’s office being spilled out publicly, and I think Bragg’s just not eager to see that happen. It would certainly be a distraction to the indictment in the case that he brought last week.

Watch above via MSNBC.