Denise Cheung Resigns as Top DC Prosecutor Over Disagreement on Biden EPA Funding Investigation

Image credits: Al Drago/Reuters

The resignation of Denise Cheung, the top criminal prosecutor in the Washington, DC, US Attorney’s Office, has sent shockwaves through the Justice Department, with many questioning the motivations behind her departure. According to multiple people familiar with the matter, Cheung resigned on Tuesday after declining a request from her Trump-appointed superiors to open a grand jury investigation into an Environmental Protection Agency funding decision during the Biden administration. The investigation, which was requested by Emil Bove, the department’s acting deputy attorney general, and Ed Martin, the nominee for DC US Attorney, was seen as premature by Cheung, who believed there wasn’t sufficient evidence to take that step at the time.

Cheung’s resignation letter, obtained by CNN, reveals that she was asked to review documentation supplied by the Office of the Deputy Attorney General to open a criminal investigation into whether a contract had been unlawfully awarded by an executive agency before the change in Administration and to issue grand jury subpoenas pursuant to this investigation. However, Cheung and other experienced prosecutors looked at the evidence and didn’t believe it was enough for a grand jury investigation. The Justice Department instead wanted to freeze assets in a bank related to the Biden-era EPA funding, which Cheung refused to do, citing lack of probable cause and improper use of DOJ powers.

The incident highlights the ongoing tensions between the Trump administration and the Justice Department, with many career prosecutors feeling pressured to pursue investigations that are politically motivated rather than based on evidence. The EPA funding decision, which was made during the Biden administration, has been a point of contention, with the Trump administration criticizing the spending on environmental programs. The EPA administrator, Lee Zeldin, has suggested that the funding was rushed to eight non-profits to distribute at the end of the Biden administration, but a former EPA official responsible for implementing the funding has denied this, saying it was a longstanding process that Treasury has used for years.

The timeline of events leading up to Cheung’s resignation is as follows: * Monday: Cheung is asked to review documentation supplied by the Office of the Deputy Attorney General to open a criminal investigation into the EPA funding decision * Tuesday: Cheung refuses to open the investigation, citing lack of evidence and improper use of DOJ powers * Tuesday: Cheung resigns as top criminal prosecutor in the DC US Attorney’s Office The incident has sparked a debate about the role of prosecutors in the Justice Department and the need for independence and impartiality in investigations. Many have praised Cheung for standing up for her principles and refusing to pursue an investigation that she believed was unjustified.

The resignation of Cheung also comes at a time of significant change across the DOJ, with prosecutors deemed to be untrustworthy being fired, and ethical clashes erupting between Trump’s hand-picked political appointees and long-time federal prosecutors. The incident highlights the need for a thorough examination of the Justice Department’s policies and procedures to ensure that investigations are conducted in a fair and impartial manner, without political interference or pressure. The Justice Department has a responsibility to uphold the law and protect the integrity of the investigative process, and it is essential that prosecutors like Cheung are able to do their jobs without fear of reprisal or political pressure.