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 Representatives Select Subcommittee on the Weaponization 

of the Federal Government dated April 6, 2023; 

Whereas Mark F. Pomerantz did, after a frivolous legal challenge to said subpoena, appear and testify under compulsion before the select subcommittee; 

Whereas a Federal judge in a relevant court order of April 

19, 2023, explicitly stated: ‘‘Mr. Pomerantz must appear 


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 inject 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 Representative Stefanik of New York, ‘‘So there are no lies 

in [the book you wrote]? You stand fully behind this publication under your name?’’, Mark F. Pomerantz did 

reply ‘‘That’s correct’’; 

Whereas the Supreme Court, beginning with Escobedo v. Illinois (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; 


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 Representative 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 answered 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-examined 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-incrimination to them well over 100 times, declining to answer numerous questions about the content of his book; 

and 

Whereas Mark F. Pomerantz is on notice that failing to comply with the terms of a lawful and valid congressional 

subpoena is a violation of Federal law: Now, therefore, be 

it 

1 Resolved, That the House of Representatives shall 

2 find Mark F. Pomerantz in contempt of Congress for fail3 ure to comply with the terms of a lawful and valid congres4 sional subpoena and shall order the Sergeant at Arms of 

5 the House of Representatives to summon him. 

6 Resolved, That the Speaker of the House of Rep7 resentatives shall otherwise take all appropriate action to 

8 enforce the subpoena. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS