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Lead Prosecutor Resigns As DOJ Probe Subpoenas Brennan And Labels Him Subject And Target
Joseph diGenova abruptly resigned as lead prosecutor of the Justice Department's so-called "grand conspiracy" investigation on Thursday, September 10, 2026, leaving the probe without its top overseer.[1]
Court records and Brennan's lawyers say DOJ served former CIA director John Brennan with a grand jury subpoena that requires him to appear in Fort Pierce, Florida, on October 15, 2026.[2] Brennan's lawyer Kenneth Wainstein told a federal judge the subpoena is part of a "far-reaching" criminal probe into whether law-enforcement and intelligence officials conspired to deprive Donald Trump of his civil rights.[3] Brennan was also told prosecutors consider him a "subject" in the Fort Pierce grand jury investigation and a "target" in a separate Washington false-statements probe, his lawyers say.[2]
In April 2026, diGenova was brought back to the Justice Department to lead the inquiry seeking to tie earlier Russia-related and Mar-a-Lago investigations into a single alleged plot, but he left after months without any indictments.[1] The probe has issued numerous grand jury subpoenas and centered on the 2022 FBI search of Mar-a-Lago and the intelligence community's 2016 Russia assessment, while prior government reviews found serious FBI errors but no criminal conspiracies.[4]
Early accounts emphasized diGenova's loyalty and the lack of charges, but later reporting revealed internal frustration at DOJ and the White House and highlighted Brennan's simultaneous courtroom fight to preserve records for a potential vindictive-prosecution defense.[1][5] Attorney General Todd Blanche said the investigation will continue despite diGenova's departure and that "nobody is slowing down in any investigations." CBS News
Show source details & analysis (8 sources)
📌 Key Facts
- Joseph diGenova abruptly resigned as lead prosecutor of the DOJ "grand conspiracy" investigation on Thursday, September 10, 2026, saying it was "an honor and privilege" to serve the president and the department (Joseph diGenova).
- Despite months of work that included numerous grand jury subpoenas to federal law‑enforcement and intelligence officials, diGenova had not obtained any indictments when he resigned, and his departure followed mounting frustration inside the Justice Department and the White House over the probe’s pace and management (grand jury subpoenas).
- Court records and Brennan’s lawyers say DOJ served former CIA Director John Brennan with a grand jury subpoena on Thursday, September 10, 2026, requiring him to appear before a federal grand jury in Fort Pierce, Florida, on October 15, 2026 (John Brennan).
- Brennan’s lawyer Kenneth Wainstein told U.S. District Judge Jia Cobb on Monday, September 14, 2026 that the subpoena is part of a "far‑reaching" criminal probe into a theory that law‑enforcement and intelligence officials conspired to deprive Donald Trump of his civil rights, and that Brennan remains a "target" in a separate false‑statements investigation (Kenneth Wainstein).
- In a Sept. 14 hearing Brennan sought a court‑ordered preservation order covering DOJ and White House records to support a potential vindictive‑ or selective‑prosecution defense, citing an "apparently spotty" preservation history including auto‑deleting Signal messages; DOJ opposed the request as an unprecedented attempt to manage discovery in a hypothetical future criminal case (preservation order).
- Prosecutor Kurt Olsen — who in 2020 urged DOJ to back Trump’s false stolen‑election claims — told Brennan’s lawyers in a Friday, September 11, 2026 call that Brennan is a "subject" in the Fort Pierce grand jury probe and remains a "target" in the narrower Washington false‑statements investigation; Olsen is the investigative‑team member now interacting with Brennan’s counsel (Kurt Olsen).
- The "grand conspiracy" probe has centered on the 2022 FBI search of Mar‑a‑Lago and the intelligence community’s 2016 Russia assessment, and multiple prior government reviews — including the DOJ inspector general and the Mueller special counsel investigation — found significant FBI errors but did not find criminal conspiracies by senior officials (2022 FBI search of Mar‑a‑Lago).
- Attorney General Todd Blanche told CBS News on Monday, September 14, 2026 that the 'grand conspiracy' investigation will continue despite diGenova’s departure and that "nobody is slowing down in any investigations" (Attorney General Todd Blanche).
📰 Source Timeline (8)
Follow how coverage of this story developed over time
September 15, 2026
6:58 AM
Ex-CIA chief issued subpoena in Trump 'grand conspiracy' investigation, lawyer says
New information:
- NPR reports that John Brennan's lawyer Ken Wainstein disclosed a grand jury subpoena requiring Brennan to appear on October 15, 2026, before a federal grand jury in Fort Pierce, Florida, in the DOJ's so‑called "grand conspiracy" investigation.
- Wainstein said prosecutors told him the Fort Pierce grand jury probe is a "far‑reaching" criminal investigation into a theory that law-enforcement and intelligence officials who investigated Donald Trump over the past decade conspired to deprive him of his civil rights.
- Wainstein told U.S. District Judge Jia Cobb on Monday, September 14, 2026, that Brennan remains a target in a separate investigation into whether he lied to Congress about the 2016 intelligence-community assessment on Russian interference, and that prior grand jury subpoenas in that false‑statements probe were withdrawn in favor of voluntary interviews.
- The subpoena was served last Thursday, September 10, 2026, the same day lead prosecutor Joe diGenova resigned from the grand conspiracy investigation, according to Wainstein's description in court.
- In arguing for a preservation order, Wainstein alleged in open court that DOJ is "blatantly trying to frame somebody for a crime that is complete fiction," cited alleged judge‑shopping, and referenced presidential directives to pursue Trump adversaries as reasons a record‑preservation order is needed.
- Wainstein characterized DOJ records from the investigations as a "fertile source" for a potential vindictive- or selective‑prosecution defense and said there was "no precedent" in his decades at DOJ for this situation.
September 14, 2026
10:28 PM
Former CIA chief John Brennan subpoenaed in Florida "grand conspiracy" probe
New information:
- Court records show former CIA Director John Brennan received a grand jury subpoena, signed by then‑prosecutor Joe diGenova, to testify in Fort Pierce, Florida, on October 15, 2026.
- Brennan attorney Kenneth Wainstein filed a sworn statement on Monday, September 14, 2026, revealing details of the subpoena and a follow‑up call with prosecutor Kurt Olsen.
- In a Friday, September 11, 2026 call, Olsen told Brennan's lawyers that Brennan is a 'subject' in a 'far‑reaching' Fort Pierce grand jury probe into whether Obama‑ and Trump‑era officials conspired to deprive Donald Trump of his civil rights related to Mar‑a‑Lago 'and beyond.'
- Olsen also said Brennan remains a 'target' in a narrower, separate investigation into whether he lied to Congress about the intelligence community’s 2016 Russia interference assessment and that case remains 'viable.'
- On Monday, September 14, 2026, Brennan's lawyers argued a motion for a preliminary injunction before U.S. District Judge Jia Cobb, seeking preservation of DOJ and White House records and claiming a 'blatantly unconstitutional effort to target an innocent man.'
- Brennan’s filing asserts there have been 'intentional efforts' by DOJ to hide potential misconduct, citing diGenova’s resignation and the earlier removal of a lead career prosecutor in April 2026.
- DOJ lawyer Jeremy Newman urged Judge Cobb to deny intervention, noting there is 'no indictment' and 'no charges' yet against Brennan.
- Attorney General Todd Blanche told CBS News on Monday that the 'grand conspiracy' investigation will continue despite diGenova’s departure and said 'nobody is slowing down in any investigations.'
5:26 PM
Former CIA director issued subpoena in Trump's 'grand conspiracy' investigation, lawyer says
New information:
- On Thursday, September 10, 2026, DOJ prosecutors served former CIA Director John Brennan with a subpoena to testify before a federal grand jury in Fort Pierce, Florida, on October 15, 2026.
- Brennan’s lawyer Ken Wainstein says the subpoena is part of a 'far-reaching' criminal probe into a theory that past law enforcement and intelligence investigations of Donald Trump, including the 2016 Russia inquiry and the Mar-a-Lago documents case, amounted to a conspiracy to deprive Trump of his civil rights.
- Wainstein was told Brennan remains a target in a separate Washington-based investigation into whether he lied to Congress in 2023, after earlier grand jury subpoenas in that matter were withdrawn in favor of voluntary interviews.
- The Brennan subpoena was issued the same day lead prosecutor Joe diGenova abruptly resigned from the 'grand conspiracy' investigation amid internal displeasure over the probe’s pace and management.
- Kurt Olsen, a lawyer who in 2020 unsuccessfully urged DOJ to back Trump’s false stolen-election claims, is identified as the investigative-team member now interacting with Brennan’s counsel.
- Brennan has filed a civil lawsuit seeking a court order to preserve all DOJ and White House records related to the investigations targeting him so he can potentially raise a vindictive-prosecution defense, with a hearing set the same day the subpoena was disclosed.
1:03 PM
Former CIA Director John Brennan in court over records related to investigations — in which he is the target
New information:
- On Monday, September 14, 2026, former CIA Director John Brennan is scheduled to appear in federal court asking Judge Jia Cobb to order the Trump administration to preserve all records related to two DOJ investigations targeting him.
- Brennan's July 2026 lawsuit alleges selective and vindictive prosecution and explicitly seeks a preservation order covering President Trump, White House chief of staff Susie Wiles, Attorney General Todd Blanche, prosecutors on the case, and relevant intelligence chiefs.
- Brennan's filings argue that internal DOJ and White House communications will be essential to a future motion to dismiss any indictment as an unconstitutionally selective and vindictive prosecution.
- His complaint cites what he calls an "apparently spotty" record-preservation history in the administration, including use of auto-deleting Signal messages by senior officials, as a basis for seeking court-ordered preservation.
- DOJ's response brief opposes the motion, calling Brennan's bid an unprecedented attempt to manage discovery in a "hypothetical future criminal case" and asserting he cannot cite any case where a non-defendant won such a preservation order.
- Brennan's lawyers counter that the Federal Records Act, the Presidential Records Act, and constitutional due-process principles already obligate the government to preserve potentially relevant records prospectively.
- The article confirms Brennan is simultaneously the target of two DOJ investigations: the "grand conspiracy" probe into alleged efforts by intelligence officials to deprive Trump of civil rights through earlier Russia-related inquiries, and a separate case over allegedly false statements to Congress in 2023.
- Brennan told MS NOW in an interview that he views the lawsuit as necessary not only to protect himself but to prevent the administration from targeting other national security professionals in the same way.
- The September 14 hearing comes only days after Joseph diGenova, the prosecutor leading the "grand conspiracy" investigation, resigned, adding fresh context to the state of the probe.
September 11, 2026
10:41 PM
Prosecutor brought in to lead investigation of Trump foes tells AP that he has resigned
New information:
- Joe diGenova told the Associated Press on Thursday, September 10, 2026, 'I did in fact resign,' calling it an 'honor and a privilege' to serve Trump and the Justice Department.
- A person familiar with the matter told AP that diGenova's departure followed mounting frustration in both the Justice Department and the White House over the pace and management of the probe.
- In a New York Post interview cited by AP, diGenova said, 'If you want indictments where there's no evidence, you have an ethical problem'; he later told AP the remark was taken out of context and insisted there is 'plenty of evidence' and that cases 'take time.'
- The article details that the conspiracy investigation has focused on the 2022 FBI search of Mar-a-Lago and the U.S. intelligence community assessment that Russia interfered on Trump's behalf in the 2016 election.
- AP notes that, five months after diGenova was brought back to DOJ in April 2026 to lead the inquiry, no charges have been filed and it remains unclear whether any will be.
- The piece reiterates that multiple prior government reviews, including the DOJ inspector general report and the Mueller special counsel investigation, found significant FBI errors but no criminal conduct by senior officials or proven criminal conspiracy between the Trump campaign and Russia.
- AP adds that in April a lead national security prosecutor on the John Brennan-focused portion of the probe was replaced after questioning the strength of the case, and that Brennan in July sued DOJ to preserve investigation records in anticipation of a vindictive-prosecution challenge.
7:23 AM
Prosecutor brought in to lead investigation of Trump foes tells AP he has resigned
New information:
- On Thursday, September 10, 2026, Joe diGenova confirmed to the Associated Press that he resigned as leader of the Justice Department's 'grand conspiracy' investigation, calling it an 'honor and a privilege' to serve the president and DOJ.
- A person familiar with the matter told AP the resignation came amid mounting frustration from both the Justice Department and the White House over the pace and management of the yearlong probe.
- In a New York Post interview the same day, diGenova responded to criticism of his management by saying, 'If you want indictments where there’s no evidence, you have an ethical problem,' but later told AP that remark was taken out of context and insisted there is 'plenty of evidence' and that building cases 'takes time.'
- The article reiterates that five months after diGenova was brought back to DOJ in April 2026 to run the investigation, no charges have been filed and it remains unclear if any will be, despite subpoenas and interviews about the 2022 Mar-a-Lago search and the 2016 Russia interference assessment.
- AP underscores that multiple prior government inquiries, including a DOJ inspector general review and the Mueller special counsel investigation, found serious FBI errors but no criminal conduct by senior officials or criminal conspiracy between Trump’s campaign and Russia.
September 10, 2026
11:09 PM
Trump Loyalist Steps Down From ‘Grand Conspiracy’ Case
New information:
- The New York Times reports on September 10, 2026, that Joseph diGenova, described as a loyalist prosecutor handpicked by the Justice Department, abruptly resigned on Thursday from leading the 'grand conspiracy' investigation.
- The article specifies that the 'grand conspiracy' case is based in the U.S. attorney’s office in South Florida and has sought to tie multiple past Trump investigations into a single alleged plot to deprive him of his rights.
- Despite months of work and numerous grand jury subpoenas to federal law enforcement and intelligence officials, diGenova had not obtained any indictments at the time of his resignation.
- DiGenova gave a public statement by phone to CNN and CBS on Thursday, saying, 'It was an honor and privilege to serve the president and the department.'
- A spokeswoman for the U.S. attorney’s office in South Florida did not respond to a request for comment about diGenova’s resignation.