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Joe diGenova resigns from DOJ probe of Obama-era officials after five months without charges

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September 11, 2026, News

The prosecutor leading the Justice Department's investigation into whether Obama and Biden-era officials conspired against Donald Trump has abruptly resigned, leaving a high-profile probe with dozens of subpoenas issued but zero indictments to show for it.

Joe diGenova, an 81-year-old longtime Trump ally who was appointed Counselor to the Attorney General in April, confirmed his departure Thursday in a letter to Attorney General Todd Blanche. He told the Associated Press it had been "an honor and a privilege to serve the president and the department." His wife and fellow prosecutor Victoria Toensing is expected to leave the DOJ as early as Friday.

The resignation did not come quietly. Sources familiar with the matter say diGenova had lost the confidence of both the Justice Department and the White House over the pace and direction of the investigation. Officials accused him of chasing "rabbit holes" and sharing unrealistic expectations with President Trump about what the probe could deliver. One reported confrontation between diGenova and Blanche centered on those very expectations.

DiGenova fires back at critics demanding indictments "where there's no evidence"

DiGenova did not leave without pushing back. In remarks to the New York Post, he pointed the finger at those pressuring him for faster results:

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

That statement carries real weight. DiGenova is not a soft-on-crime bureaucrat or a reluctant foot-dragger by reputation. He is a former U.S. Attorney for the District of Columbia, a fixture in conservative legal circles for decades, and one of the most vocal proponents of the theory that Obama-era intelligence and law enforcement officials weaponized federal power against Trump. If anyone had the motivation to bring charges, it was diGenova.

He also told the AP he believed the cases remained viable, just not on the timeline others wanted:

"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."

Those two statements sit in obvious tension. On one hand, diGenova insists the evidence exists. On the other, he says demanding indictments without evidence is an ethical violation. Whether the gap reflects a prosecutor drawing careful legal lines or a man trying to explain away five months of inaction depends on which side of the DOJ's internal divide you believe.

Dozens of subpoenas, a grand jury, and still no charges

The investigation diGenova led was not small. Known internally as the "Grand Conspiracy" probe and based in Fort Pierce, Florida, it examined whether Obama and Biden-era officials worked to prevent Trump from returning to office. The probe had already issued dozens of subpoenas to high-ranking former officials, including ex-CIA Director John Brennan, former Director of National Intelligence James Clapper, and former FBI officials Peter Strzok and Lisa Page. Some of those individuals had recently testified before a grand jury.

Yet after five months of work, not a single charge has been filed. That timeline, April appointment, September resignation, zero indictments, is the core problem. For Trump supporters who spent years watching the Russia-collusion narrative consume the previous administration's political oxygen, the probe represented a long-awaited reckoning. DiGenova's departure without results is a significant setback.

The resignation also comes at a politically sensitive moment for the Trump administration, which has seen a series of senior departures heading into the midterms. Personnel instability at the DOJ, in particular, raises questions about the administration's ability to follow through on its stated legal priorities.

Victoria Toensing's expected exit deepens the uncertainty

Fox News reported that diGenova had been effectively sidelined before his resignation, having lost influence within the department over a period of months. His wife, Victoria Toensing, a veteran Washington attorney who served alongside him on the federal prosecution team, is expected to follow him out the door on Friday.

Their joint departure strips the investigation of its two most prominent figures and casts serious doubt on whether the probe will continue in any meaningful form. No successor has been publicly named.

The situation puts Attorney General Todd Blanche in a difficult position. Blanche, who has publicly aligned himself closely with Trump's legal agenda, now faces a choice: appoint a new prosecutor willing to move faster toward indictments, wind down the investigation quietly, or let it drift without leadership. Each option carries political risk. The first invites accusations of rushing to prosecute. The second looks like surrender. The third satisfies no one.

Blanche's handling of DOJ independence questions has already drawn scrutiny. He declined to pledge DOJ independence during a recent television appearance, insisting Trump had never crossed a legal line, a stance that pleased the White House but fueled criticism from the left about political influence over federal prosecutions.

Five months of "rabbit holes" or five months of due diligence?

The competing narratives around diGenova's departure reveal a genuine tension within the administration's approach to accountability for the Russia-collusion era.

One camp, apparently including elements of DOJ leadership and the White House, wanted faster action. They saw diGenova wandering into tangential investigative threads, losing focus on the core question of whether former officials conspired to undermine Trump. The accusation of "rabbit holes" suggests frustration with a prosecutor who expanded his inquiries beyond what his principals considered productive.

The other camp, represented by diGenova himself, argues that complex federal investigations involving former senior intelligence and law enforcement officials cannot be rushed. Grand jury testimony takes time. Building cases against people who held the highest security clearances in the country requires meticulous work. Cutting corners to satisfy political timelines is precisely the kind of prosecutorial misconduct that conservatives have spent years condemning when directed at their own side.

That argument has merit. Conservatives rightly objected when the Mueller investigation and subsequent state-level prosecutions appeared to be driven by political pressure rather than evidence. The principle does not change because the targets do. DiGenova, whatever his faults, appears to have understood that.

But understanding the principle and delivering results are different things. Five months, dozens of subpoenas, grand jury testimony, and not a single charge, that record invites hard questions regardless of the reasons behind it. The broader pattern of politically charged investigations targeting figures on both sides of the aisle only heightens the stakes for getting this one right.

It remains unclear whether any charges will ultimately result from the probe. Breitbart noted that critics of the investigation have argued the entire premise was built on shaky ground, a characterization diGenova's own parting words seem to partially dispute and partially confirm.

What comes next matters more than what just happened

The real question is not why diGenova left. Prosecutors and political appointees clash with their principals all the time. The real question is whether the Trump administration will find someone who can do what diGenova could not: turn subpoenas and grand jury testimony into actual accountability.

With midterms approaching and Democrats openly discussing plans to use a potential congressional majority against the administration, the window for the DOJ to act on the Russia-collusion probe may be narrowing. A change in congressional control could mean new oversight, new subpoenas flowing in the opposite direction, and new political headwinds for any investigation targeting Obama-era officials.

The administration has also been managing other significant personnel transitions, including at the White House Counsel's office. Whether these moves represent a strategic reset or a pattern of instability will depend on what follows.

DiGenova told Newsmax and other outlets that he resigned voluntarily. The sourcing from inside the DOJ and White House tells a different story, one of a prosecutor who lost the room before he lost the job.

Millions of Americans watched their government spend years chasing a collusion theory that collapsed under its own weight. They were promised accountability. So far, all they have is another resignation letter.

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