We’re Finished Here

Manhattan DA sends scathing response to GOP’s request for testimony https://t.co/RfE0dL2gfs

— Axios (@axios) March 23, 2023

Why it matters: Bragg’s response leaves Republicans with little room to maneuver in their effort to dent the probe’s credibility — forcing them to decide whether to venture into the uncharted territory of subpoenaing a local prosecutor. 

What she’s saying: Dubeck [Bragg's counsel] listed four ways in which, she argues, the House GOP’s request for testimony is improper. 

The letter seeks “non-public information about a pending criminal investigation, which is confidential under state law.” 

The requests are an “unlawful incursion into New York’s sovereignty” under the 10th Amendment, which is understood to prevent congressional inquiries into matters delegated to the states. This 

Congress is “not the appropriate branch” to review a pending criminal case. Instead, Dubeck wrote, the courts are the “proper forum” for a challenge. 

Requests for information about the use of federal funding are “an insufficient basis to justify these unconstitutional requests.” 

The other side: “Alvin Bragg should focus on prosecuting actual criminals in New York City rather than harassing a political opponent in another state,” the House Judiciary Committee GOP tweeted after the release of the letter. 

Jordan told Axios he is “reviewing the letter” and declined to weigh in on a possible subpoena.

That's weaselspeak for “We’re finished here.” Jordan is not going to bother trying to obtain an unenforceable subpoena.