Senators Van Hollen, Markey, Whitehouse, and Sanders Demand Answers from Justice Department on Forced Resignation of Assistant U.S. Attorney Over Illegal Pressure to Freeze National Green Bank Funding

Today, Senators Chris Van Hollen (D-Md.) and Edward J. Markey (D-Mass.) wrote to Department of Justice Inspector General Michael Horowitz about revelations that Assistant U.S. Attorney Denise Cheung was pressured to find evidence of a crime as a justification for freezing the release of billions of dollars in congressionally approved federal funds for the National Clean Investment Fund and the Clean Communities Investment Accelerator. These programs, which are part of the Greenhouse Gas Reduction Fund, leverage private capital to cut energy bills for families and small businesses, improve resiliency against climate change-fueled disasters, and create local economic opportunity while combatting climate change. Senators Sheldon Whitehouse (D-R.I.) and Bernie Sanders (I-Vt.) also signed the letter. 

In the letter, the lawmakers write, “The reports that Ms. Cheung was pressured to circumvent this standard suggest a deliberate attempt to weaponize the Justice Department for political purposes. Indeed, according to one report, ‘Cheung’s resignation came in connection with a Justice Department effort to assist President Donald Trump’s new head of the Environmental Protection Agency, who said last week that he would try to rescind $20 billion in grants awarded by the Biden administration for climate and clean energy projects.’” 

 The lawmakers continue, “Federal prosecutors have an obligation to comply with the legal ethics rules governing their conduct, including their duty to refuse illegal or unethical orders from superiors. Not even a month into the second Trump administration, several career prosecutors have already resigned rather than participate in legally and ethically questionable actions, igniting a crisis within the Justice Department. The Department must not become an instrument of political retribution or partisan maneuvering.” 

The lawmakers urge the Office of the Inspector General, “to immediately open an investigation into the circumstances surrounding Ms. Cheung’s resignation, the directives she received, and the broader pattern of political interference in prosecutorial decisions. The integrity of our justice system depends on the independence of prosecutors and their ability to enforce the law free from political influence. If substantiated, these allegations represent an existential threat to the rule of law and demand swift corrective action.” 

Senators Van Hollen and Markey secured numerous provisions in the Inflation Reduction Act, including the creation of a $27-billion national climate financing network based on the National Climate Bank Act, which they introduced together. Following the passage of the Inflation Reduction Act in 2022, Senators Van Hollen and Markey and Congresswoman Debbie Dingell (MI-06) — the House lead on the climate financing legislation — welcomed the launch of the Greenhouse Gas Reduction Fund in April 2023.  

You can read the full text of the letter here and below:

Dear Inspector General Horowitz,

According to news reports, Assistant U.S. Attorney Denise Cheung was pressured to launch a criminal investigation without evidence of a crime, as a pretext for freezing the release of billions of dollars in congressionally approved federal funding for clean energy programs. The monies at issue are for the National Clean Investment Fund and the Clean Communities Investment Accelerator, programs that are leveraging private capital to cut energy bills for families and small businesses, improve resiliency against climate change-fueled disasters, and create local economic opportunity while combatting climate change. When Ms. Cheung found no probable cause that a crime had been committed, she reportedly was forced to resign by her superiors at the Department of Justice who wanted to halt the spending despite the lack of evidence. If these reports are accurate, they demonstrate a gross abuse of prosecutorial authority and raise serious questions about the politicization of the Justice Department under President Donald Trump. We urge you to investigate this matter promptly.

These revelations come amid a disturbing pattern of efforts to erode the independence and integrity of the Justice Department. The appointments of President Trump’s personal attorneys, Todd Blanche and Emil Bove, to senior leadership positions, as well as the selection of Edward R. Martin, Jr.—who previously defended January 6 defendants—as U.S. Attorney for the District of Columbia, raise significant concerns about undue political influence over prosecutorial decisions. Even before his election, then-candidate Trump reportedly offered to roll back environmental rules and programs as a quid pro quo in return for $1 billion in donations from oil executives and lobbyists. Now, the reported attempt to freeze billions of dollars in clean energy and climate resilience grant initiative funding at the behest of Bove and Martin, rather than in accordance with established legal standards, further exacerbates these concerns.

The Justice Department’s authority to freeze assets is a serious power that it should exercise only when supported by evidence that the assets can be traced to a crime. The reports that Ms. Cheung was pressured to circumvent this standard suggest a deliberate attempt to weaponize the Justice Department for political purposes. Indeed, according to one report, “Cheung’s resignation came in connection with a Justice Department effort to assist President Donald Trump’s new head of the Environmental Protection Agency, who said last week that he would try to rescind $20 billion in grants awarded by the Biden administration for climate and clean energy projects.” According to another report, Interim U.S. Attorney Martin “had demanded her resignation after she refused to order [Citibank] to ‘freeze’ the funds while asserting that a criminal probe was underway. That step, she said, was permitted only if prosecutors had ‘probable cause’ to believe a crime was committed.” Cheung and her colleagues did not find sufficient evidence for the action Martin demanded.

That Ms. Cheung ultimately was forced to resign rather than comply with potentially unlawful directives is a testament to her commitment to upholding the law. Her resignation follows a troubling trend, including the departure of at least seven senior public corruption prosecutors last week after being ordered to dismiss corruption charges against New York Mayor Eric Adams in exchange for his support of the Administration’s anti-immigration directives. This further underscores the need for urgent oversight of, and accountability at, the Justice Department.

Federal prosecutors have an obligation to comply with the legal ethics rules governing their conduct, including their duty to refuse illegal or unethical orders from superiors. Not even a month into the second Trump administration, several career prosecutors have already resigned rather than participate in legally and ethically questionable actions, igniting a crisis within the Justice Department. The Department must not become an instrument of political retribution or partisan maneuvering.

In light of these troubling developments, we urge your office to immediately open an investigation into the circumstances surrounding Ms. Cheung’s resignation, the directives she received, and the broader pattern of political interference in prosecutorial decisions. The integrity of our justice system depends on the independence of prosecutors and their ability to enforce the law free from political influence. If substantiated, these allegations represent an existential threat to the rule of law and demand swift corrective action.

We appreciate your prompt attention to this matter and look forward to your findings.

Sincerely,