FOLLOW US

Cheung claims, that she was asked to review documentation supplied by the Office of the Deputy Attorney General to open a criminal investigation into whether a contract had been unlawfully awarded by an executive agency before the change in Administration and to issue grand jury subpoenas pursuant to this investigation," Cheung wrote in her resignation letter to Martin.

Cheung further noted that she and other experienced white-collar prosecutors questioned whether the DOJ had met its threshold for a grand jury investigation. While Bove's office insisted that it had, citing a Project Veritas video, Cheung and others purportedly believed the evidence was insufficient.

The Threshold of Proof: A Matter of Opinion?

Cheung's stance reveals a potential conflict of interest when it comes to anything related to Biden. It's not her job, as a subordinate, to unilaterally determine whether the DOJ has met the threshold for a grand jury investigation, before her inquiry has even begun. If she possessed such authority, she would be the superior, not the recipient of assignments.

The "threshold" she speaks of isn't a rigid, unyielding standard. Her refusal to even consider the matter is, in itself, quite telling.

To understand the gravity of the situation, it's crucial to understand the general criteria for initiating a grand jury investigation:

• Probable Cause: This is the cornerstone. A prosecutor must present enough evidence to convince the grand jury that a crime likely occurred and that the person being investigated likely committed it.
• Complexity of the Case: Grand juries are often employed in complex cases, such as white-collar crime, organized crime, public corruption, and cases where witnesses are afraid to testify.
• Investigative Needs: A grand jury's power to subpoena witnesses and documents is invaluable when an investigation stalls.
• Prosecutorial Discretion: The decision to present a case to a grand jury ultimately rests with the office of the prosecutor.

Reportedly, after her initial pushback, the Justice Department wanted to freeze assets in a bank related to the Biden-era EPA funding. This further underscores the seriousness of the inquiry and the potential ramifications of Cheung's alleged actions.

In my view, Cheung's leaked revelations about internal DOJ discussions are a grave concern, which could represent a breach of confidentiality or potentially violate rules of professional responsibility, potentially impacting her future ability to practice law.