It’s uncharted territory for the legal system, the federal government and the country, which has never seen the indictment and prosecution of a former president. Though the precise evidence against Trump remains unknown, the case appears centered on hush money payments to a porn actress, Stormy Daniels, in 2016 to silence her allegations of a sexual relationship during Trump’s first presidential bid.
The indictment, which remains under seal, prompted a torrent of attacks from Trump’s allies, many of whom denounced it as a political witch hunt. While Trump himself has called for protests in the streets, House Republicans have instead vowed to train a microscope on the Democratic district attorney, requesting information and documents about the probe.
Bragg’s office used the letter to the lawmakers, a copy of which was obtained by POLITICO, as his first public response to those allegations of political bias.
“Like any other defendant, Mr. Trump is entitled to challenge these charges in court and avail himself of all processes and protections that New York State’s robust criminal procedure affords. What neither Mr. Trump nor Congress may do is interfere with the ordinary course of proceedings in New York State,” the letter reads.
State judge Juan Merchan is expected to preside over the arraignment and may ultimately be called upon to preside over the criminal proceedings, according to a person familiar with the process.
Bragg’s office also used the letter to plead with Capitol Hill Republicans to encourage calm, accusing them of engaging in “unlawful political interference” in the same breath.
“We urge you to refrain from these inflammatory accusations, withdraw your demand for information, and let the criminal justice process proceed without unlawful political interference,” Dubeck wrote in the letter to Judiciary, Oversight and Administration Chairs Jim Jordan (R-Ohio), James Comer (R-Ky.) and Bryan Steil (R-Wis.).
“As Committee Chairmen, you could use the stature of your office to denounce these attacks and urge respect for the fairness of our justice system and for the work of the impartial grand jury,” she continued. “Instead, you and many of your colleagues have chosen to collaborate with Mr. Trump’s efforts to vilify and denigrate the integrity of elected state prosecutors and trial judges and made unfounded allegations that the Office’s investigation, conducted via an independent grand jury of average citizens serving New York State, is politically motivated.”
Bragg’s office suggested that the House GOP inquiries appeared to be functioning more as interference for Trump than as legitimate congressional oversight, a concern Dubeck said was “heightened” by some of the committee members’ own statements about their goals.
She cited Rep. Marjorie Taylor Greene’s (R-Ga.) statement that “Republicans in Congress MUST subpoena these communists and END this!” as well as Rep. Anna Paulina Luna’s (R-Fla.) call to scrutinize lawmakers who are “being silent on what is currently happening to Trump.”
From a legal standpoint, individual lawmakers’ comments and motives aren’t typically given weight when a congressional committee takes actions. Trump routinely pointed to the comments of individual committee members’ plans to make use of his tax returns in his failed efforts to block Congress’ effort to obtain them.
Dubeck also provided some details about the federal funding Bragg’s office has used in connection with Trump-related matters — money that House Republicans have suggested could now be under threat because of the indictment. Additionally, House Republicans received a second document on Friday detailing federal grant money the office has obtained.
None of that federal grant funding, she noted, has been used in the current investigation. She said the office has spent approximately $5,000 of federal funds — funds that the district attorney’s office helped recover during forfeiture actions — on expenses related to the investigation of Trump or the Trump organization.
“These expenses were incurred between October 2019 and August 2021,” Dubeck noted, adding that most were used to support Bragg’s predecessor’s successful defense of its probe of the Trump organization before the Supreme Court.
A spokesperson for Jordan didn’t immediately respond to a request for comment on the letter from Bragg’s office. House Republicans have already started laying some groundwork for a potential subpoena of the Manhattan district attorney, a move they haven’t publicly ruled out.
Dubeck, in her letter, urged them to reach a “negotiated resolution … before taking the unprecedented and unconstitutional step of serving a subpoena on a district attorney for information related to an ongoing state criminal prosecution.”