Top DC prosecutor resigns as EPA seeks criminal probe of Biden climate funding

The top criminal prosecutor at the U.S. Attorney’s Office for the District of Columbia, Denise Cheung, resigned Tuesday, following a reported directive to launch an investigation into Environmental Protection Agency (EPA) funding approved under the Biden administration.

According to media reports, Cheung said the probe was premature in a letter to the interim U.S. Attorney Ed Martin, whom President Trump nominated to permanently serve in the role just a day prior. 

“I took an oath of office to support and defend the Constitution, and I have executed this duty faithfully during my tenure, which has spanned through numerous Administrations,” Cheung, a 25-year Department of Justice (DOJ) staffer, reportedly wrote of her departure.

She encouraged colleagues to “fulfill your commitment to pursuing Justice without fear or prejudice.”

Cheung was ordered by Martin to investigate the Biden administration’s $20 billion funding of eight nonprofit institutions in charge of doling out the cash to projects aimed at mitigating climate change, according to CNN.

The program was funded by the Inflation Reduction Act, which made that funding available for institutions that can provide financial assistance to help deploy climate-friendly products. 

The mandate was reportedly handed down from Emil Bove, the Justice Department’s acting deputy attorney general who also spurred controversy after recently ordering Manhattan attorneys to drop their case against New York City Mayor Eric Adams (D). That order also led to high-profile resignations of federal prosecutors.

EPA Administrator Lee Zeldin has consistently criticized what he describes as “rushed” funding of the climate organizations and last week said he would seek to claw back funds in conjunction with the Justice Department. 

“We will review every penny that has gone out the door. I will be referring this matter to the inspector general’s office, and will work with the Justice Department as well,” Zeldin said. 

When asked about Cheung’s resignation on Tuesday, he referred all questions on her departure to DOJ.

Rachel Frazin and Zack Budryk contributed.
Updated at 1:51 p.m. EST