DiGenova Walked Away From the Grand Conspiracy Case With Zero Charges Filed

A federal judge threw out the Comey and Letitia James indictments last November over a botched appointment.

The prosecutor brought in to finally deliver charges out of that broader conspiracy investigation just quit.

Joe diGenova walked away from the Grand Conspiracy investigation without charging a single person.

DiGenova Wanted One Massive Case Instead of Two Weak Ones

DiGenova turned in his resignation letter Thursday at 3 p.m.

He told CBS News it was "an honor and a privilege to serve the president and the department."

He wouldn't say why he was actually leaving.

Fox News' own sources filled in what he wouldn't: diGenova had burned through his support inside both the Justice Department and the White House.

He'd been pushed to the margins long before he ever wrote that letter.

DiGenova never hid what he thought should have happened instead.

On Rudy Giuliani's podcast in April, his wife and fellow Fort Pierce prosecutor Victoria Toensing argued that Comey should never have been charged with a single count in Virginia at all, and that the charge belonged inside the bigger Fort Pierce conspiracy case.

DiGenova agreed on air and said the same logic applied to Letitia James, folding her into the broader conspiracy count instead of a standalone mortgage fraud charge.

He also said Bondi's decision to rush the Virginia case had cost the investigation real time it didn't have to lose.

He wanted former President Barack Obama in front of a grand jury too.

None of that happened Bondi's way, and now DOJ is paying for it.

A judge threw out the Virginia case against Comey and James in November on a technicality – she never ruled on whether they actually did what they were accused of doing.

She ruled that Lindsey Halligan, the interim U.S. Attorney who brought the case, had been installed the wrong way on paper.

Comey didn't get found innocent. He got a filing error, and DOJ is now stuck appealing the dismissal instead of trying the case.

The Bigger Case Just Lost Its Second Boss in Under a Year

DiGenova wasn't the first prosecutor handed this investigation.

DOJ removed career prosecutor Maria Medetis Long from the case in April to install him instead.

Now he's gone too, and nobody has named a replacement.

His wife, attorney Victoria Toensing, worked the same Fort Pierce team.

She is leaving the Justice Department Friday, one day after her husband.

Two departures in two days, and the file on former CIA Director John Brennan and former FBI Director James Comey still has no indictment attached to it.

Reporting on the investigation describes months of friction between diGenova and the career lawyers already working inside that Fort Pierce office before he ever arrived.

Those are the same prosecutors who were building this case long before diGenova got anywhere near it.

The investigation has issued dozens of subpoenas over the past year.

Lawyers for witnesses have been warned grand jury subpoenas were coming.

Investigators have gone after former FBI agents for interviews too.

A year of subpoenas, a courtroom loss, and two prosecutors gone, and the people who wanted this case to go somewhere are still waiting.

What This Actually Costs Conservatives

Every month this case sits open without an indictment is a month James Comey gets to go on television and call himself a victim of political persecution.

Compare it to 1875, when the Whiskey Ring probe under President Ulysses Grant ended in 110 convictions and more than $3 million clawed back from crooked distillers.

Fort Pierce has been active about as long and has already burned through two lead prosecutors with nothing to show for it but subpoenas.

DiGenova was right in April that rushing a weak charge would cost this case time, and five months later it did.

That doesn't make him blameless for walking away before the job was finished, but it does mean Comey and James owe their current freedom less to their own innocence than to a filing deadline.

The next prosecutor DOJ sends to Fort Pierce needs the authority to actually run that office, not another year of subpoenas that never turn into an indictment.

Sources:

• Brittany Miller, Jake Gibson, Bill Mears, David Spunt, Morgan Phillips, "Prosecutor Joseph diGenova resigns from DOJ role investigating Trump-Russia probes," Fox News, September 10, 2026.
• Fred Lucas, "3 Times Special Prosecutors Were Fired," The Daily Signal, December 26, 2018.