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Lead Attorney in DOJ Investigation of Former Officials Resigns Amid Reported Delays

Joseph diGenova resigned as lead prosecutor of a Florida-based investigation into former officials after five months without bringing criminal charges.

By The Plain RecordUpdated September 11, 2026 at 3:50 PM EDT
Published September 11, 2026 at 2:47 PM EDT

The short answer

Joseph diGenova resigned as lead prosecutor of a Florida-based investigation into former officials after five months without bringing criminal charges. Joseph diGenova, the attorney appointed to lead a Department of Justice (DOJ) investigation into former government officials, resigned on Thursday, Sept. 10, 2026.

Updates (1)

  • Update — September 11, 2026 at 3:50 PM EDT: Joe diGenova, the prosecutor who was tapped by Attorney General Todd Blanche to supervise the "grand conspiracy" investigation targeting Obama- and Biden-era officials, told CBS News he has resigned.
Lead Attorney in DOJ Investigation of Former Officials Resigns Amid Reported Delays

The Facts

Who
Joseph diGenova, Attorney General Todd Blanche, and Victoria Toensing.
What
Resignation of Joseph diGenova from the Department of Justice.
When
Thursday, September 10, 2026
Where
Washington, D.C. and Fort Pierce, Florida
Why
Reported frustration among White House and DOJ officials regarding the slow pace and lack of indictments in a conspiracy investigation targeting former government officials.

Joseph diGenova, the attorney appointed to lead a Department of Justice (DOJ) investigation into former government officials, resigned on Thursday, Sept. 10, 2026. DiGenova, who had served as counselor to Attorney General Todd Blanche since April, submitted his resignation letter at 3 p.m. following reports of internal frustration regarding the speed of the inquiry. His wife, attorney Victoria Toensing, who also worked with the federal prosecution team in Fort Pierce, Florida, is scheduled to leave the department on Friday, Sept. 11.

The investigation, referred to by some officials as a "grand conspiracy" probe, is based in the U.S. Attorney’s Office for the Southern District of Florida. It examines whether officials from the Obama and Biden administrations conspired to keep Donald Trump from political office. The probe also includes a criminal inquiry into whether former CIA Director John Brennan provided false testimony to Congress in 2023 regarding intelligence assessments of Russian interference in the 2016 election.

The resignation followed reports that the White House and senior DOJ officials were frustrated by a lack of indictments. In an interview with The New York Post, diGenova stated, "If you want indictments where there’s no evidence, you have an ethical problem." He later told the Associated Press that the comment was taken out of context, clarifying that he believes there is sufficient evidence but that "it just takes time to get there." The DOJ has not brought any charges in the five months since diGenova took over the case.

The resignation affects high-ranking former intelligence and law enforcement officials, including former CIA Director John Brennan and FBI agents who previously investigated Donald Trump. These individuals are among the subjects of a probe that has issued more than two dozen subpoenas over the past year. The investigation has already led to the removal or resignation of several prosecutors, such as Maria Medetis Long, who reportedly expressed concerns about the strength of the evidence.

The departure of the lead investigator highlights a period of turnover within the Justice Department’s Southern District of Florida office. Current FBI employees may be affected by the activities of the "Director’s Advisory Team," a group launched last year by FBI Director Kash Patel. Congressional investigators found this team maintained a list of agents for removal or forced retirement. Brennan, one of the targets of the probe, filed a lawsuit earlier this year alleging the administration is using the criminal process to punish political adversaries.

The next steps in the investigation remain uncertain as the leadership transitions. A grand jury was reportedly expected to be fully operational by January, and witnesses recently received emails stating they would receive subpoenas. The case continues to be handled by U.S. Attorney Jason Reding Quiñones and prosecutor Christopher-James DeLorenz. While diGenova has departed, a DOJ spokesperson stated the agency remains "grateful" for his work alongside the prosecution team in Florida. No specific deadline for the conclusion of the grand jury or the filing of potential charges has been reported.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. April 1, 2026

    Joseph diGenova appointed as counselor to the attorney general

  2. September 4, 2026

    President Trump signs executive order in Washington

  3. September 10, 2026

    Joseph diGenova submits resignation letter to Attorney General Blanche

  4. September 11, 2026

    Scheduled departure of attorney Victoria Toensing from DOJ

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Lead Attorney in DOJ Investigation of Former Officials Resigns Amid Reported Delays?

Joseph diGenova, the attorney appointed to lead a Department of Justice (DOJ) investigation into former government officials, resigned on Thursday, Sept. 10, 2026. DiGenova, who had served as counselor to Attorney General Todd Blanche since April, submitted his resignation letter at 3 p.m. following reports of internal frustration regarding the speed of the inquiry.

Who is involved?

Joseph diGenova, Attorney General Todd Blanche, and Victoria Toensing.

When did this happen?

Thursday, September 10, 2026

Where did this happen?

Washington, D.C. and Fort Pierce, Florida

Why does this matter?

Reported frustration among White House and DOJ officials regarding the slow pace and lack of indictments in a conspiracy investigation targeting former government officials.