Recommending that the House of Representatives find Mark F. Pomerantz in contempt of Congress for failing to comply with the terms of a lawful and valid congressional subpoena.

IV 118TH CONGRESS 1ST SESSION H. RES. 469 Recommending that the House of Representatives find Mark F. Pomerantz in contempt of Congress for failing to comply with the terms of a lawful and valid congressional subpoena. IN THE HOUSE OF REPRESENTATIVES JUNE 6, 2023 Mr. GAETZ submitted the following resolution; which was referred to the Committee on Rules RESOLUTION Recommending that the House of Representatives find Mark F. Pomerantz in contempt of Congress for failing to comply with the terms of a lawful and valid congressional subpoena. Whereas Mark F. Pomerantz of New York did receive a duly issued subpoena of the United States House of Rep- resentatives Select Subcommittee on the Weaponization of the Federal Government dated April 6, 2023; Whereas Mark F. Pomerantz did, after a frivolous legal chal- lenge to said subpoena, appear and testify under compul- sion before the select subcommittee; Whereas a Federal judge in a relevant court order of April 19, 2023, explicitly stated: ‘‘Mr. Pomerantz must appear VerDate Sep 11 2014 01:33 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR469.IH HR469 kjohnson on DSK79L0C42PROD with BILLS 2 •HRES 469 IH for the congressional deposition. No one is above the law.’’; Whereas the judge in her court order further noted: ‘‘Pomerantz is in this situation because he decided to in- ject himself into the public debate by authoring a book that he has described as ‘appropriate and in the public interest’.’’; Whereas Mark F. Pomerantz did so testify under oath and with his counsel present on May 12, 2023; Whereas Mark F. Pomerantz did frivolously refuse to answer numerous questions of the select subcommittee, asserting his Fifth Amendment right against self-incrimination to such questions as ‘‘Do you respect Alvin Bragg?’’; Whereas, subsequently, in response to a question of Rep- resentative Stefanik of New York, ‘‘So there are no lies in [the book you wrote]? You stand fully behind this pub- lication under your name?’’, Mark F. Pomerantz did reply ‘‘That’s correct’’; Whereas the Supreme Court, beginning with Escobedo v. Illi- nois (378 U.S. 478 (1964)), has repeatedly held that an individual may ‘‘intelligently and knowingly waive his [Fifth Amendment] privilege against self-incrimination’’ by testifying about a matter; Whereas Mark F. Pomerantz, in the presence of his counsel and after having been apprised of his rights, and having had those rights respected by the select subcommittee members and staff, did waive his Fifth Amendment right against self-incrimination intelligently and knowingly when he asserted that the claims in his book were all true; VerDate Sep 11 2014 01:33 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR469.IH HR469 kjohnson on DSK79L0C42PROD with BILLS 3 •HRES 469 IH Whereas the constitutional validity of this waiver was made clear to Mark F. Pomerantz and his counsel by Rep- resentative Issa of California, ‘‘The Fifth Amendment and it being waived or not waived is fairly clear. If you answer a question related to something, and you’ve an- swered it, then a follow-up is based on the waive as to that.’’ and Representative Gaetz of Florida, ‘‘You’ve heard of subject matter waiver before, right?’’; Whereas Mark F. Pomerantz subsequently was cross-exam- ined on the contents of his book by both Democratic and Republican staff and Members of Congress, and did falsely assert his Fifth Amendment right against self-in- crimination to them well over 100 times, declining to an- swer numerous questions about the content of his book; and Whereas Mark F. Pomerantz is on notice that failing to com- ply with the terms of a lawful and valid congressional subpoena is a violation of Federal law: Now, therefore, be it Resolved, That the House of Representatives shall 1 find Mark F. Pomerantz in contempt of Congress for fail- 2 ure to comply with the terms of a lawful and valid congres- 3 sional subpoena and shall order the Sergeant at Arms of 4 the House of Representatives to summon him. 5 Resolved, That the Speaker of the House of Rep- 6 resentatives shall otherwise take all appropriate action to 7 enforce the subpoena. 8 Æ VerDate Sep 11 2014 01:33 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\HR469.IH HR469 kjohnson on DSK79L0C42PROD with BILLS