In a development raising concerns about the independence of prosecutorial decision-making, veteran prosecutor Denise Cheung has announced her resignation from the U.S. Attorney’s Office. Her departure follows a disagreement over a criminal investigation targeting the Biden administration, which she described as lacking legal foundation. Cheung detailed her concerns in a resignation letter addressed to interim U.S. Attorney Ed Martin.
According to Cheung, the controversy stems from a proposed investigation by the Office of the Deputy Attorney General (ODAG) into a contract awarded by an executive agency prior to a shift in administration. Cheung, along with other prosecutors, reviewed the documentation but found it insufficient to justify initiating a grand jury investigation. The ODAG, however, maintained that video statements from a former political appointee warranted further legal action and suggested bypassing usual supervisory practices by directly engaging with a line prosecutor.
Cheung took a leading role in coordinating with the FBI’s Washington Field Office. Since no investigative agency initially handled the case, she provided materials to the FBI and discussed potential charges. Although the FBI agreed to send a freeze letter to the bank dealing with the contract’s funds, the letter contained language that merely recommended rather than mandated a freeze, causing dissatisfaction for Martin.
Martin instructed Cheung to issue a second, more authoritative letter ordering the bank to freeze the accounts. Cheung refused, arguing that the existing evidence did not establish probable cause to support such an order. She cited her ethical and legal obligations as reasons for her decision not to take actions unsupported by the evidence.
This resignation adds to the narrative of prosecutorial turmoil, following resignations linked to the controversial dismissal of corruption charges against NYC Mayor Eric Adams. Other figures stepping down include leading prosecutor Hagan Scotten and the U.S. attorney for the Southern District of New York, Danielle Sassoon.
For the full story, visit JURIST.