EXACTLY ONE MONTH AGO, THE TWO
PROSECUTORS LEADING THE --
INVESTIGATION INTO DONALD TRUMP
AND HIS BUSINESS PRACTICES
ABRUPTLY RESIGNED.
THOSE TWO PROSECUTORS HAD BEEN
LEADING A CASE THAT WAS
CENTERED AROUND THE ALLEGATION
THAT TRUMP WAS INFLATING THE
VALUE OF HIS ASSETS IN ORDER TO
OBTAIN FAVORABLE LOANS FROM
BANKS.
BY ALL ACCOUNTS, IT WAS AN
INVESTIGATION THAT APPEARED TO
BE GAINING MOMENTUM.
ACCORDING TO THE REPORTING AT
THE TIME, THOSE TWO VERY
HIGH-PROFILE PROSECUTORS
RESIGNED AFTER THE NEWLY
ELECTED DA, TESTERS OVERSEEING
THE CASE, QUOTE, INDICATED THAT
HE HAD DOUBTS ABOUT MOVING
FORWARD WITH THE CASE AGAINST
TRUMP.
NOW, TONIGHT, THE NEW YORK
TIMES HAS PUBLISHED THE
RESIGNATION LETTER FROM ONE OF
THOSE PROSECUTORS.
IT IS REMARKABLE.
THIS IS THE RESIGNATION LETTER
A SPECIAL ASSISTANT DISTRICT
ETERNITY ATTORNEY --
SENT TO ALVIN BRAGG LAST MONTH.
QUOTE, AS YOU KNOW FROM OUR
RECENT CONVERSATIONS AND
PRESENTATIONS, I BELIEVE THAT
DONALD TRUMP IS GUILTY OF
NUMEROUS FELONY VIOLATIONS OF
THE PENAL LAW, IN CONNECTION
WITH THE PREPARATION AND USE OF
HIS ANNUAL STATEMENTS OF
FINANCIAL CONDITION.
THE TEAM THAT HAS BEEN
INVESTIGATING MR. TRUMP HARBORS
NO DOUBT ABOUT WHETHER HE
COMMITTED CRIMES.
HE DID.
MR. POMERANTZ NOTED THAT THE
PREVIOUS DISTRICT ATTORNEY --
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, AND QUOTE.
THE LETTER THEN EXPLAINED THAT
THE CURRENT DISTRICT ATTORNEY,
BREAK, DECIDED NOT TO PROCEED
WITH FURTHER CHARGES, AND THAT
THE INVESTIGATION HAD BEEN
SUSPENDED INDEFINITELY.
WHILE MR. POMERANTZ DIDN'T
QUESTION THE DISTRICT
ATTORNEY'S AUTHORITY IN MAKING
HIS DECISION, OR HIS SINCERITY
IN BELIEVING THAT IT WAS THE
RIGHT CALL, HE ARGUES IN THE
LETTER THAT, QUOTE, 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,
AND QUOTE.
HE CONTINUES, WE BELIEVE THAT
THE PROSECUTION WOULD PREVAIL
IF CHARGES WERE BROUGHT AND THE
MATTER WERE TRIED TO AN
IMPARTIAL JURY.
WHATEVER THE RISKS OF BRINGING
THE CASE MAY BE, I AM CONVINCED
THAT A FAILURE TO PROSECUTE
WILL POSE MUCH GREATER RISK, IN
TERMS OF PUBLIC CONFIDENCE, IN
THE FAIR ADMINISTRATION OF
JUSTICE.
I FEAR THAT YOUR DECISION MEANS
THAT MR. TRUMP WILL NOT BE HELD
FULLY ACCOUNTABLE FOR HIS
CRIMES.
I HAVE WORKED TOO HARD AS A
LAWYER, AND FOR TOO LONG NOW,
TO BECOME A PASSIVE PARTICIPANT
IN WHAT I BELIEVE TO BE A GRAVE
FAILURE OF JUSTICE.
I THEREFORE RESIGN FROM MY
POSITION A SPECIAL ASSISTANT
DISTRICT ATTORNEY, EFFECTIVE
IMMEDIATELY.
WE SHOULD KNOW, THE CURRENT
MANHATTAN DISTRICT ATTORNEY,
BRAG, CONTINUES TO CONDUCT THIS
INVESTIGATION.
BECAUSE OF THAT, HE IS BARRED
FROM COMMENTING ON.
PRESIDENT TRUMP, OF COURSE,
DENIES THE ALLEGATIONS OF
FRAUD.
MR. PROMINENCE IN SELF DECLINED
TO COMMENT ABOUT THE LETTER TO
THE NEW YORK TIMES.
JOINING US NOW IS BARBARA
MCQUADE, THE FORMER UNITED
STATES ATTORNEY.
BARBARA, GOOD TO SEE TONIGHT.
YOU'RE THE PERSON WE NEED TO
TALK TO ABOUT THIS.
THIS IS QUITE A REMARKABLE
DEVELOPMENT THAT THIS KIND OF
LETTER WOULD BE WRITTEN.
IT WAS PROBABLY NOT WRITTEN TO
BE LINKED TO THE PRESS.
WHAT DO YOU MAKE OF IT?
>> IT IS A REMARKABLE LETTER,
ELIE.
WHEN THESE TWO PROSECUTORS
RESIGNED ABRUPTLY AS THEY DID,
I THINK MOST OF A SPECULATED
THAT THERE WAS A DIFFERENCE OF
OPINION AS TO THE MERITS OF
THIS CASE AND THAT THEY WERE
LEAVING BECAUSE ALFRED BRAKE
HAD SAID THAT THE INVESTIGATION
WAS CONTINUING.
THE GRAND JURY ACTIVITY HAD
ABATED.
SO, WE KNEW THAT THEY WERE
UNHAPPY WITH THE DIRECTION OF
THE CASE.
NOW, WE SEE WHY.
ALTHOUGH, I'M NOT SURE DEGREE
WITH YOU THAT THIS WAS WRITTEN
TO BE LEAKED TO THE PRESS.
IT IS IN SUCH DETAIL.
CERTAINLY, ALFRED BREAK KNEW
ALL THE REASONS MR. POMERANTZ
WAS RESIGNING.
THIS ONE WAS WRITTEN FOR THE
PRESS.
I DON'T KNOW WHO LEAKED TO THE
PRESS.
IT SEEMED THAT SOMEONE WHO
LEAKED INTO THE PRESS HADN'T
AGENDA.
I THINK THAT MIGHT BE AN
INTERESTING QUESTION.
WHY IS THIS OUT IN THE PUBLIC
DOMAIN?
WHAT IS IT THAT MARK PROMINENCE
IS TRYING TO ACHIEVE?
IT MAY BE TO PUT PRESSURE ON
BREAK OR SOME OTHER ENTITY TO
PURSUE THIS CASE.
>> LET'S EXPLORE THAT A LITTLE
BIT.
IN THE LETTER, HE TALKS ABOUT
THIS BEING A FAILURE OF THE
JUSTICE SYSTEM.
HE DOESN'T WANT TO BE PARTY TO
THAT.
HE SAYS THAT THE RISKS OF
PROSECUTING, NOT PROSECUTING,
ARE GREATER THAN THE RISKS OF
PROSECUTING.
SO, TELL ME.
IN THIS SYSTEM, INSIDE THE
SYSTEM, THIS GETS LEAKED.
IT PUTS BRAG ON HIS BACK FEET.
WHAT EXACTLY COULD HAPPEN AS A
RESULT OF THIS?
>> I SUPPOSE, GREG IS AN
ELECTED OFFICIAL.
HE MIGHT FEEL POLITICAL
PRESSURE TO GO FORWARD.
WHEN PEOPLE SAY, EVEN YOUR OWN,
VERY SKILLED, VERY EXPERIENCED
PROSECUTORS SAY THAT YOU HAVE
THIS CASE.
YOU CAN'T BE TOO SKITTISH.
THERE'S NOTHING IN THE LETTER
THAT ACCUSES HIM OF MISCONDUCT
OR CORRUPTION, ANYTHING LIKE
THAT.
JUST THAT THEY HAVE A
DIFFERENCE OF OPINION.
BUT THAT MR. POMRENZE IS
ABSOLUTELY CONVINCED, AS WELL
AS HIS COLLEAGUES, THAT THERE
IS A CRIME HERE AND THAT NOT
ONLY CAN IT BE BROUGHT, BUT IT
SHOULD BE BROUGHT.
I SUPPOSE ONE GOAL FOR LEAKING
THIS LETTER WOULD BE TO PUT
PUBLIC PRESSURE, AS AN ELECTED
OFFICIAL, ON BRAG TO TAKE THE STEP.
I THINK IT'S IMPORTANT TO NOTE,
ELLIOTT.
MINDS CAN DISAGREE ABOUT
WHETHER CHARGES SHOULD BE
BROUGHT.
THERE ARE CRIMES THAT ARE VERY
OBVIOUS TO US.
A BANK ROBBERY.
YOU SEE THE CRIME HAPPENED, WE
KNOW THE CRIME HAPPENED.
THE ONLY QUESTION FOR TRIAL IS
REALLY, THIS IS THE RIGHT
DEFEND?
IT IS A PERSON WHO DID IT?
AND HE'S FRAUD CASES, IT'S MUCH
MORE CHALLENGING.
BUT IT USUALLY COMES DOWN TO IS
KNOWLEDGE AND INTENT.
UNLESS THE PERSON CONFESSED TO
YOU, THAT EVIDENCE IS NEVER
GOING TO BE CRYSTAL CLEAR.
SO, PEOPLE WILL DISAGREE AS TO
HOW MUCH IS ENOUGH.
HOW MUCH IN FRANCE, ARE YOU
GOING TO ASK A JURY TO MAKE TO
CONCLUDE IN THIS CASE THAT
DONALD TRUMP DID KNOW THAT
THESE STATEMENTS WERE FALSE AND
LIES.
AND SO, IT MAY BE THAT BRAGG
WANTS TO AMASS MORE EVIDENCE
BEFORE HE'S WILLING TO GET
THERE.
WHAT MR. POMERANTZ SEEMS TO BE
SAYING IS, WE HAVE ALL THE
EVIDENCE WE'RE EVER GOING TO
GET.
IT'S NOT GONNA GET BETTER.
IT'S GONNA GET WORSE AS TIME
PASSES.
NOW IS THE TIME TO PASS THIS
CASE.
IF YOU WON'T, PERHAPS THE