by Washington Post staff
February 18, 2025 at 3:27 p.m. EST Today at 3:27 p.m. EST
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The head of the criminal division in the U.S. attorney’s office in D.C. resigned Tuesday morning after declining to comply with an urgent Trump administration demand to freeze the assets of a multibillion-dollar Biden administration environmental grant initiative and launch a criminal investigation, according to two sources familiar with the matter and the official’s resignation letter.
The Washington Post has reproduced the text of veteran prosecutor Denise Cheung’s letter to interim U.S. attorney Ed Martin below.
Re: Resignation
Dear United States Attorney Martin:
As you requested, I am tendering my resignation from this Office.
I have been proud to serve at the U.S. Department of Justice and this Office for over 24 years. During my tenure, which has spanned over many different Administrations, I have always been guided by the oath that I took upon being sworn as an AUSA to support and defend the Constitution. Whether it was prosecuting homicide cases in the Superior Court Division or investigating international terrorism cases in the Criminal Division, I have always worked to enforce the rule of law, to vindicate the rights of victims, and to protect the security of the nation. I believe that the values the Department of Justice stands for, and the many people that work every day to fulfill them, are to be promoted and cherished.
As a member of the management team in the Office, including as Chief of the Criminal Division, I have always sought to offer sound and ethical counsel to my principals and to execute their directives to the best of my ability.
Earlier yesterday. I was asked to review documentation supplied by the Office of the Deputy Attorney General (ODAG) 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. I was told that there was time sensitivity and action had to be taken that day because there was concern that contract awardees could continue to draw down on accounts handled by the bank handling the disbursements. I conferred with others in the Office, all of whom have substantial white collar criminal prosecution experience, and reviewed documentation provided by ODAG, in determining whether the predicate for opening such a grand jury investigation existed. Despite assessing that the existing documents on their face did not seem to meet this threshold, an ODAG representative stated that he believed sufficient predication existed, including in the form of a video where statements were made by a former political appointee of the executive agency in question.
[Brent Efron] Now we're just trying to get the money out as fast as possible before they come in and stop it all. It truly feels like we're on the Titanic, and we're throwing gold bars off the edge.
[Reporter] Who are the gold bars going to?
[Brent Efron] Non profits, States, tribes....
[Reporter] $50 billion dollars?
[Brent Efron] Yes. For climate things. So, to go work for one of these places, I think would be really cool.
[Reporter] What are the places that you've given them to?
[Brent Efron] It's only been a few weeks, so it's a little early. But, Green Banks. So, they're nonprofit institutions that are making it more financially feasible to build renewables, to do climate projects....
[Reporter] Who are the gold bars going to?
[Brent Efron] Nonprofits, states, tribes, cities....Well, they're all local. A lot of them are small, local nonprofits. This is a big thing...
[Reporter] Will the [Trump administration] come in and stop?
[Brent Efron] Yeah. I think they will. I think they will come in, and they will issue an order that like all grants have to stop, that EPA can't give any money out. So we reevaluate anything, and then they'll say we're reevaluating it. And then Congress will say, we're stopping this entirely. And they'll pass a law that says all this money doesn't exist anymore that you wanted to give out....These are basically nonprofit institutions that will cover the entire country....
[Reporter] You guys are like saving saving the world, literally.
[Brent Efron] I don't know if we are, but we're throwing gold bars off the Titanic, yeah.
[Reporter] You're doing what?
[Brent Efron] We're throwing gold bars off the Titanic. That's all we can save for today. I don't know if we're saving it, but we're getting the money out.
At one point, it was conveyed that the ODAG representative would work directly with a line AUSA from the Office in handling the matter and bypass any USAO-DC supervisory chain. Upon further conversations with the Principal Assistant U.S. Attorney (PAUSA), and in a subsequent conversation with the ODAG representative, I received clarification that a type of “freeze letter” requesting that the bank freeze assets would be adequate at this point, as opposed to other legal process. I took point on this process.
Upon further discussion with the PAUSA [Principal Assistant U.S. Attorney], and upon an understanding that ODAG agreed that such a reach-out was appropriate in light of the lack of any known investigative agency working on the matter, I contacted a supervisor at the Washington Field Office (WFO) of the FBI and provided him with the materials received from ODAG and also referenced the possible existence of the video and statements made by the head of the executive agency. I further conveyed ODAG’s desire to send out the freeze letter to the bank as soon as possible as to avoid subsequent payouts. The FBI-WFO supervisor forwarded links of these statements and the video, which I also reviewed. Despite the federal holiday yesterday, the FBI-WFO supervisor, as well as other FBI-WFO managers, spoke frequently throughout the day yesterday with me to discuss the matter, including what, if any, possible criminal charges might be applicable, as well as the sufficiency of the evidence of any criminal offense or the connection of any alleged crime to the accounts at issue.
During this period, I sent a draft freeze letter provided by the FBI-WFO supervisor to the PAUSA [Principal Assistant U.S. Attorney] at 4:31 p.m. In an email sent at 4:46 p.m., the PAUSA conveyed suggested language “in case it [was] helpful” from the ODAG representative, which included language represented to be from the Second Circuit, including the phrase “the government has probable cause to believe that the funds on deposit in the above-referenced account(s) at [named bank] are subject to seizure and forfeiture to the United States based upon violations...” I subsequently informed the PAUSA that the suggested language was not appropriate to the matter at hand.
Despite expressing some concern about the current lack of evidence of any apparent crime and the need to send out any such freeze letter, FBI-WFO personnel were able to consult with necessary individuals, including legal counsel, at their office. I was told that if FBI-WFO was unwilling to send out such a freeze letter, that you would direct someone from USAO-DC to send out such a correspondence to the bank. However, that contingency did not come to pass, as FBI-WFO determined that they were willing to send out the freeze letter, but asked that I first send them an email stating that, based on the evidence, there was possible evidence of certain criminal violations. I emailed them the following statement: "Based upon the information we received from ODAG and public-source materials, including a video of statements by a former [executive agency] official, USAO-DC believes that there may be conduct that constitutes potential violations of 18 U.S.C. Sec. 371 (conspiracy to defraud the United States) and 18 U.S.C. Sec. 1343 (wire fraud) that merits additional investigation."
After they received this email, FBI-WFO subsequently issued a letter to the bank recommending a thirty-day administrative freeze on certain assets. After this letter was issued at approximately 7:28 p.m. yesterday night, I received a call from the PAUSA [Principal Assistant U.S. Attorney] and you shortly thereafter. You expressed your dissatisfaction about the adequacy of the FBI-WFO letter and criticized that the language merely "recommended" that a freeze of the accounts take place, notwithstanding that the same language was used in the draft I sent to the PAUSA earlier in the day. You also directed that a second letter be immediately issued to the bank under your and my name ordering the bank not to release any funds in the subject accounts pursuant to a criminal investigation being run out of USAO-DC. When I explained that the quantum of evidence did not support that action, you stated that you believed that there was sufficient evidence. You also accused me about wasting five hours of the day "doing nothing" except trying to get what the FBI and I wanted, but not what you wanted. As I shared with you, at this juncture, based upon the evidence I have reviewed, I still do not believe that there is sufficient evidence to issue the letter you described, including sufficient evidence to tell the bank that there is probable cause to seize the particular accounts identified. Because I believed that I lacked the legal authority to issue such a letter, I told you that I would not do so. You then asked for my resignation.
I remain committed to the oath that I took, and it has been an honor of a lifetime to be an AUSA in this Office. I know that all of the AUSAs in the Office will continue to uphold that pledge they have taken, following the facts and the law and complying with their moral, ethical, and legal obligations.
Sincerely,
Denise Cheung
********************
Veteran federal prosecutor resigns over bank freeze order from Trump appointee: Denise Cheung wrote in a resignation letter that Ed Martin, nominated by Trump to be Washington's top federal prosecutor, ordered her to take actions unsupported by evidence.
by Ryan J. Reilly
NBC
Feb. 18, 2025, 2:23 PM MST
https://www.nbcnews.com/politics/justic ... rcna192619

Ed Martin, interim U.S attorney for the District of Columbia, has been picked by President Trump to take over the post permanently. Michael A. McCoy / Getty Images file
WASHINGTON — A longtime federal prosecutor resigned Tuesday rather than carry out what she described as orders from Trump-appointed officials to take actions unsupported by evidence, according to a copy of her resignation letter obtained by NBC News.
Denise Cheung, who had been at the Justice Department for over 24 years and was the head of the criminal division of the U.S. Attorney's Office for the District of Columbia, wrote in her resignation letter to interim U.S. Attorney Ed Martin that she had "always sought to offer sound and ethical counsel" to her bosses throughout multiple administrations, and that she had been asked to take investigative and law enforcement actions despite what she called the lack of "sufficient evidence."
Cheung wrote that she was asked on Monday to review documentation provided by the Office of the Deputy Attorney General (ODAG) — currently headed by acting Deputy Attorney General Emil Bove — “to open a criminal investigation into whether a contract had been unlawfully awarded by an executive agency” during former President Joe Biden’s administration.
Her letter did not specify the grants at issue, but three sources told NBC News it had to do with environmental grants issued during the Biden administration.
A Department of Justice spokesperson said that "refusing a basic request to pause an investigation [??] so officials can examine the potential waste of government funds is not an act of heroism — just a failure to follow chain of command."
The new resignation comes amid a period of turmoil within the Justice Department. Most recently, seven prosecutors chose to resign rather than follow orders to drop the case against New York City Mayor Eric Adams, a decision that several described in letters as improper and politically motivated. In the D.C. U.S. Attorney's Office, Martin — who pushed unfounded election conspiracy theories after the 2020 vote and later was an advocate for Jan. 6 defendants — disbanded the unit investigating and prosecuting Capitol rioters and launched a review of their work.
Cheung wrote that she was told the issue "was time sensitive and action had to be taken that day because there was concern that contract awardees could continue to draw down on accounts handled by the bank handling the disbursements."
Cheung wrote that she conferred with others in the office on Monday, a federal holiday, about whether there was a basis for opening a grand jury investigation. She assessed that "the existing documents on their face did not seem to meet this threshold," she wrote in her letter. But "an ODAG representative stated that he believed sufficient predication existed" for the investigation, she continued.
Cheung wrote that she was then told that the ODAG representative would work directly with a federal prosecutor and "bypass" the D.C. U.S. Attorney's Office, before being informed that a "freeze letter" requesting that a bank freeze certain assets "would be adequate at this point, as opposed to other legal process."
Cheung wrote that she contacted a supervisor in the FBI Washington Field Office, and they and others discussed "what, if any, possible criminal charges might be applicable, as well as the sufficiency of the evidence."
Cheung wrote that she sent a draft freeze letter provided by the FBI Washington Field Office (WFO) and that ODAG had provided some language suggesting that there was probable cause to seize the assets, but Cheung said that language "was not appropriate" for the matter at hand.
"Despite expressing some concern about the current lack of evidence of any apparent crime and the need to send any such freeze letter, FBI-WFO personnel were able to consult with necessary individuals, including legal counsel, at their office," Cheung wrote. "I was told that if FBI-WFO was unwilling to send out such a freeze letter, that you would direct someone from the USAO-DC to send out such a correspondence to the bank."
While the FBI's Washington Field Office [FBI-WFO] "determined they were willing to send out the freeze letter," Cheung wrote, the office asked Cheung to send an email stating that there was possible evidence of potential criminal violations. Cheung wrote in an email to the FBI that the most she'd be willing to say was that there "may be conduct that constitutes potential violations" of two laws, conspiracy to defraud the United States and wire fraud, that "merits additional investigation."
After the FBI field office sent its letter to the bank recommending a 30-day freeze, Cheung wrote that she received a call from Martin and one of his top aides.
“You expressed dissatisfaction about the adequacy of the FBI-WFO letter and criticized that the language merely ‘recommended’ that a freeze of the accounts take place," Cheung wrote in her letter. "You also directed that a second letter be immediately issued to the bank under your and my name ordering the bank not to release any funds in the subject accounts pursuant to the criminal investigation being run out of USAO-DC. When I explained that the quantum of evidence did not support that action, you stated that you believed there was sufficient evidence.
"You also accused me about wasting five hours of the day ‘doing nothing’ except trying to get what the FBI and I wanted, but not what you wanted," Cheung continued. "As I shared with you, at this juncture, based upon the evidence I have reviewed, I still do not believe that there is sufficient evidence to issue the letter you described, including sufficient evidence to tell the bank that there is probable cause to seize the particular accounts identified. Because I believed that I lacked the legal authority to issue such a letter, I told you that I would not do so. You then asked for my resignation."
“I remain committed to the oath that I took, and it has been the honor of a lifetime to be an AUSA in this Office," Cheung wrote, using an acronym for assistant U.S. attorney. "I know that all of the AUSAs in the Office will continue to uphold that pledge that they have taken, following the facts and the law and complying with their moral, ethical, and legal obligations."
Trump announced on Monday that he would seek to install Martin as the permanent U.S. attorney for the District of Columbia. Martin, who was still listed as a defense attorney for Jan. 6 defendants until earlier this month, has been acting U.S. attorney for Washington since Inauguration Day, when Trump pardoned convicted rioters, including some of Martin's clients.
Trump's announcement came less than 72 hours after Martin announced on X — the platform known as Twitter before it was purchased by billionaire Elon Musk — that he would be investigating former special counsel Jack Smith over pro bono legal help he received from a private law firm.
Martin, in a speech outside the Capitol on the eve of the Jan. 6 attack, called on “die-hard true Americans” to work until their "last breath" to "stop the steal."
Neither Martin nor the U.S. Attorney's Office for the District of Columbia immediately responded to a request for comment from NBC News.
Ryan J. Reilly is a justice reporter for NBC News.
Michael Kosnar contributed.
****************************
'GOLD BARS': EPA Advisor Admits ‘Insurance Policy’ Against Trump Funnels Billions to Climate Groups
by Project Veritas
Dec 3, 2024
Brent Efron, an Environmental Protection Agency (EPA) special advisor implementing Biden’s climate agenda, told Project Veritas the agency is frantically shoveling billions in grants to nonprofits, making sure that the Biden administration’s climate projects stay afloat — no matter who’s in charge.
Transcript
[Brent Efron] Now we're just trying to get the money out as fast as possible before they come in and stop it all. It truly feels like we're on the Titanic, and we're throwing gold bars off the edge.
[Reporter] Who are the gold bars going to?
[Brent Efron] Non profits, States, tribes. We gave them the money, because it was harder if it wasn't a government run program. They couldn't take the money away if Trump won. Because it was, it was an insurance policy against Trump winning. It's until the Trump people come in and tell us we can no longer give out money. I do environmental, climate policy things.
[Reporter] Really?
[Brent Efron] Yeah.
[Reporter] That's amazing. That stuff is here?
[Brent Efron] I mean, because I do federal government climate things. Well, I have been doing that, but that might change.
[Reporter] Why?
[Brent Efron] Because of Trump. So I work at the EPA.
[Reporter] Amazing.
[Brent Efron] So I do -- do you know the inflation reduction act?
[Reporter] Yes. Okay, Biden's climate law?
[Brent Efron] Yeah. So, I do entire implementation. I work with Biden appointees. The money that we've given out, we've given out tens of billions of dollars.
[Reporter] The EPA has?
[Brent Efron] Over the last year, we've given out $50 billion dollars.
[Reporter] $50 million dollars?
[Brent Efron] Billions ... Billion, with a "B."
[Reporter] $50 billion dollars?
[Brent Efron] Yes. For climate things. So, to go work for one of these places, I think would be really cool.
[Reporter] What are the places that you've given them to?
[Brent Efron] It's only been a few weeks, so it's a little early. But, Green Banks. So, they're nonprofit institutions that are making it more financially feasible to build renewables, to do climate projects. I do implementation now. So I do, "How do you spend $100 billion? How do you make sure the proper processes are in place to prevent fraud and prevent abuse, and ensure that we are funding good-paying jobs, and that sort of stuff. Now -- it's just how to get the money out as fast as possible before they come in and stop it all.
[Reporter] Really?
[Brent Efron] Yeah.
[Reporter] You can do that?
[Brent Efron] To an extent. Just within reason. Yeah.
[Reporter] Really?
[Brent Efron] Why not? Because if it's not going to -- basically, that's what it all is now. I mean, now it all is -- It truly feels we're on the Titanic, and we're throwing gold bars off the edge.
[Reporter] Does it really?
[Brent Efron] Yup.
[Reporter] It's got to feel weird.
[Brent Efron] It's weird. It's not good vibes. It's not good. I mean, everyone's very sad.
[Reporter] Who are the gold bars going to?
[Brent Efron] Nonprofits, states, tribes, cities.
[Reporter] Anything in the news that I would know of?
[Brent Efron] Not yet.
[Reporter] Organizations?
[Brent Efron] Well, they're all local. A lot of them are small, local nonprofits. This is a big thing that we -- Most of the stuff we've funded. But the thing that we haven't funded yet are the local nonprofit programs. That was going to be like an inter-Kamala Harris Administration program. So now, we're just getting it out as quick as possible.
[Reporter] Right, to the tune of $2 billion dollars.
[Brent Efron] No, it's $2 billion at this point. But yeah, we've got most of it. 90% is out.
[Reporter] Wow. And what happens if they try to stop it? They can?
[Brent Efron] When they come in, if we haven't gotten it out the door, then they can stop it.
[Reporter] You have two months.
[Brent Efron] Yeah.
[Reporter] If they don't get it out by a certain date, what's that date?
[Brent Efron] It's the inauguration. The 20th. It's noon on the 20th of January.
[Reporter] So you can work right down to the minute.
[Brent Efron] It's probably a little after noon. But yeah, it's basically noon. Throw a couple billion here and there. It's until the Trump people come in and tell us we can no longer give out money.
[Reporter] Wow.
[Brent Efron] So that's at the very earliest noon on the 20th. It's probably a little after because they have to get in the building and tell people what to do.
[Reporter] Will they come in and stop?
[Brent Efron] Yeah. I think they will. I think they will come in, and they will issue an order that like all grants have to stop, that EPA can't give any money out. So we reevaluate anything, and then they'll say we're reevaluating it. And then Congress will say, we're stopping this entirely. And they'll pass a law that says all this money doesn't exist anymore that you wanted to give out.
No, I think we gave them [the nonprofits] the money because it was harder. If it was a government run program, they could take the money away if Trump won. Because it was an insurance policy against Trump winning. So these are basically nonprofit institutions that will cover the entire country. They could have been a government agency, but because they aren't, they're safer from Republicans taking money away.
[Reporter] You guys are like saving saving the world, literally.
[Brent Efron] I don't know if we are, but we're throwing gold bars off the Titanic, yeah.
[Reporter] You're doing what?
[Brent Efron] We're throwing gold bars off the Titanic. That's all we can save for today. I don't know if we're saving it, but we're getting the money out.