Trump is guilty of numerous felonies, prosecutor told Manhattan DA

One of two top prosecutors who resigned over the Manhattan district attorney’s alleged decision to stop heading toward indicting former President Donald Trump for crimes said in a bombshell resignation letter that Trump was “guilty of numerous felony violations.”

“The team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes — he did,” former prosecutor Mark Pomerantz wrote in his Feb. 23 resignation letter to DA Alvin Bragg, Pomerantz confirmed to CNBC on Thursday.

In that letter, Pomerantz said those felonies related to the “preparation and use of his annual Statements of Financial Condition,” which “were false,” according to a copy of the letter obtained by The New York Times, which first reported its details.

Pomerantz also told Bragg that the DA’s decision not to seek charges against Trump, and to “indefinitely” suspend the 3-year-old probe was “contrary to the public interest.”

“I fear that your decision means that Mr. Trump will not be held fully accountable for his crimes,” Pomerantz wrote.

“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 as a Special Assistant District Attorney, effective immediately,” Pomerantz wrote to Bragg.

Pomerantz confirmed the details of the letter in a call with CNBC on Thursday morning but declined further comment, saying “I think the letter speaks for itself.”

Bragg’s spokesperson, Danielle Filson, told CNBC in an email, “the investigation continues. A team of experienced prosecutors is working every day to follow the facts and the law.”

“There is nothing we can or should say at this juncture about an ongoing investigation,” Filson said.

Trump’s lawyer, Ronald Fischetti, told CNBC that he was “surprised” and “disappointed in the letter” from Pomerantz, who is former law partner of his.

Fischetti said it is his understanding that the criminal probe of Trump is a live investigation within the Manhattan DA’s office. The lawyers said that means there remains a risk of indictment against Trump, despite what Pomerantz’s letter suggests.

“I know from several sources that [Pomerantz] had several meetings with Alvin Bragg and his senior staff, and he laid out exactly what evidence he had against my client, and he was unsuccessful in getting them to go forward with this, and that happens,” Fischetti said.

Fischetti noted that when Pomerantz served as chief of the criminal division of the U.S. Attorney’s Office for the Southern District of New York, he routinely conducted similar reviews of evidence obtained by lower-ranking federal prosecutors to determine if criminal charges were warranted.

“But he’s not the chief anymore. Alvin Bragg’s the chief…