September 11, 2026

Joe diGenova abruptly walks away from DOJ probe into Obama- and Biden-era officials

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The prosecutor tapped to lead the Justice Department's "grand conspiracy" investigation into Obama- and Biden-era officials has abruptly resigned, leaving two major probes without a leader and no charges filed after five months.

Joe diGenova submitted his resignation letter to Attorney General Todd Blanche at 3 p.m. Thursday, ending a tenure that began in April when Blanche hired him as Counselor to the Attorney General. His wife, attorney Victoria Toensing, who had been working alongside federal prosecutors at the Fort Pierce, Florida, office running the investigation, also departed the Justice Department the following day.

DiGenova confirmed the move himself. "I did resign today by letter to the attorney general," he told the New York Post. "I said that it was a privilege and an honor to serve the president and the department, and I was very grateful."

He declined to explain why he walked away. But what he did say, and what sources inside the DOJ and White House told multiple outlets, paints a picture of an investigation grinding against internal pressure to produce indictments faster than the evidence allowed.

DiGenova pointed to ethics, not politics, on his way out

The 81-year-old former U.S. Attorney for Washington, D.C., a post he held from 1983 to 1988 under the Reagan administration, did not go quietly. In a pointed remark to the Associated Press, diGenova framed the dispute as one of prosecutorial standards, as Just The News reported:

"There's plenty of evidence in all of these cases to prove the theories of prosecution. It just takes time to get there, and some people want to get there a little faster than others, and you can't do that."

He went further in his exchange with the New York Post, responding directly to accusations that he had been "slow-rolling" indictments:

"If you want indictments where there's no evidence, you have an ethical problem."

That line, "you have an ethical problem", is not the language of a man who lost interest in the job. It is the language of a prosecutor who believes he was being pushed to cut corners. Whether that characterization is fair depends on facts neither diGenova nor the Justice Department has made public. The DOJ did not respond to requests for comment from CBS News.

The resignation is the latest in a string of abrupt departures from high-profile positions that have caught Washington off guard, not unlike the sudden exit of Rep. Chuck Edwards from his reelection bid after an ethics panel finding.

Five months, two probes, zero charges

DiGenova had been overseeing two separate but related investigations. The first, dubbed the "grand conspiracy" probe, targeted Obama- and Biden-era officials suspected of orchestrating efforts against President Trump. The second was a criminal investigation into whether former CIA Director John Brennan lied to Congress in 2023 about the U.S. intelligence community's assessment of Russian interference in the 2016 presidential election.

Neither probe has produced charges. Breitbart reported that the departure was driven by mounting frustration from both the Justice Department and the White House over the pace and management of the investigation. Sources told the New York Post that diGenova had lost support from DOJ leadership, with accusations he was getting lost in "rabbit holes" and sharing "unrealistic expectations" with the president about what the probes might ultimately yield.

The investigation had targeted several high-profile figures. In addition to Brennan, the probe examined former Director of National Intelligence James Clapper and former FBI officials Peter Strzok and Lisa Page, all of whom had been subpoenaed.

DiGenova had previously referred to Brennan as the "primogenitor of the entire counterintelligence investigation", a reference to the intelligence community's role in the Russia probe that shadowed Trump's first term.

Grand jury activity surged days before the resignation

The timing of diGenova's exit raises its own questions. Just The News reported that the resignation came during the grand jury's heaviest week of witness activity in Fort Pierce, with defense lawyers describing a surge of subpoenas over the prior ten days. Lawyers representing some witnesses had received emails alerting them that their clients would be called before the grand jury.

DiGenova's investigators had also recently reached out to attorneys representing former FBI agents who investigated Trump over his retention of classified records, requesting voluntary interviews. The probe, in other words, was not winding down. It was ramping up, right until the man running it walked out the door.

The departure creates a leadership vacuum at a sensitive moment. No successor has been named. And the internal friction that preceded diGenova's exit was not new. Before he took over in April, a Miami-based prosecutor named Maria Medetis Long had been overseeing the two cases out of the U.S. attorney's office there. She was abruptly removed after expressing concerns about the strength of the evidence.

That pattern, a prosecutor raising doubts about the evidence, then losing the assignment, happened twice in the same investigation. It does not prove the cases are weak. But it does suggest the DOJ has struggled to find a prosecutor willing to move at the pace the administration wants while staying within the boundaries the evidence supports.

The tensions within the Trump administration's Justice Department have surfaced repeatedly in recent months. Attorney General Blanche has navigated several internal disputes, including a public disagreement with the White House over dropped charges in another case.

Brennan sued, calling the probes political punishment

Brennan, the former CIA director at the center of the criminal probe, has not waited passively. Earlier this year, he filed a lawsuit alleging the Trump administration has "adopted a policy of using criminal process and prosecution to punish the President's perceived adversaries."

The lawsuit's specific court and case number have not been reported. But the allegation itself, that the probes are political, not prosecutorial, is the core defense that targets of the investigation have advanced publicly. DiGenova's resignation, and particularly his pointed comments about ethics and evidence, will inevitably be cited by both sides: by critics who say the probes were never grounded in sufficient evidence, and by supporters who argue the investigations were sabotaged by a bureaucracy unwilling to hold powerful people accountable.

The question of accountability in government has cut across administrations. Former Ambassador Ken Salazar publicly broke with the Biden White House over its handling of the border, a reminder that officials willing to speak candidly about institutional failures are rare in either party.

DiGenova's background made him a deliberate choice

DiGenova was not a random pick. The Washington Examiner reported that he was hired on April 20 as Counselor to the Attorney General, a rare but high-ranking post within the department. He served as U.S. Attorney in Washington from 1983 to 1988, more than three decades before returning to the DOJ. He had also represented Trump's campaign in its legal effort to challenge the 2020 election results.

His selection signaled that the administration wanted someone with both prosecutorial experience and political loyalty running the investigation. His departure signals that those two qualities may have come into conflict.

Blanche himself has faced broader institutional pushback on other fronts, including bipartisan opposition to a proposed anti-weaponization fund that the attorney general ultimately abandoned.

What happens now remains unclear

The Justice Department has not said who will take over the two investigations. It has not said whether the grand jury subpoenas already issued will proceed. It has not said whether the probes will continue at all in their current form.

DiGenova said the evidence is there. The DOJ, by its silence, has said nothing. And the targets of the investigation, Brennan, Clapper, Strzok, Page, remain uncharged after months of work by multiple prosecutors, two of whom are now gone.

If the evidence truly supports prosecution, someone needs to bring it. If it doesn't, the administration owes the public a straight answer, not another quiet departure and another empty chair.

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