Why Wasn’t Donald Trump Criminally Prosecuted in New York? What Happened and Why?

In 2021, Mark F. Pomerantz was appointed as a special assistant district attorney by New York County District Attorney Cyrus Vance Jr. to assist with that office’s criminal investigation into the personal and business finances of former President Donald Trump. Pomerantz developed evidence that led Vance to authorize a grand jury presentation that was intended to lead to an indictment. But in 2022, new District Attorney Alvin Bragg decided not to pursue an indictment—and Pomerantz resigned. Pomerantz joins Professor Coffee and Judge Rakoff for an in-depth discussion about the high-stakes probe and the level of confidence prosecutors feel they should have before deciding to indict.