To Investigate His Investigators, Trump Recruited a Man Who Had Called for Their Imprisonment
Chapter 1 — The President Chose Prosecution
Chapter 2 — The Prosecutors Kept Leaving
Chapter 3 — The Investigation Reached the Investigators
Chapter 4 — Investigative Power Does Not Settle Presidential Responsibility
1 · The President Chose Prosecution
1.1 — A Prosecutor Who Had Already Called for Prison
1.2 — The President's Choice
Joseph diGenova said publicly that the officials who investigated Trump should go to prison. He was then assigned to investigate them, and said Trump had personally asked him to take the job. Trump had already demanded in public that his Justice Department prosecute named adversaries.
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The New York Times reported that Trump told his chief of staff and Todd Blanche to hire diGenova over objections from Attorney General Pam Bondi and other officials. NBC reported that Trump fired Bondi partly because she had not succeeded in prosecuting his political foes.
2 · The Prosecutors Kept Leaving
2.1 — The Prosecutor He Replaced
2.2 — DiGenova Resigns
A career prosecutor was removed from the Brennan team after questioning the evidence, according to the AP, and diGenova replaced her within days. The Times reported that an FBI agent who then raised an evidence problem with diGenova was pulled off the case.
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DiGenova resigned on September 10, 2026, amid reported frustration over the probe's pace. He warned against indictments without evidence, then said evidence existed but needed time. Another prosecutor, Kurt Olsen, left the inquiry on September 28 and remained at the Justice Department.
3 · The Investigation Reached the Investigators
3.1 — Two Inquiries Into One Man
3.2 — The Subpoena and the Courthouse
Brennan's lawyer says the former CIA director faces two separate inquiries: one into his statements to Congress, the other into an alleged conspiracy spanning the investigations of Trump. The broader inquiry has also subpoenaed FBI employees who carried out the search of Trump's home.
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Brennan's lawyer accepted a subpoena for testimony in Fort Pierce, where the only judge is Aileen Cannon, a Trump appointee. His lawyers had asked the chief judge to prevent prosecutors from steering the matter to her; the Justice Department called the allegation speculative. The New York Times later reported that prosecutors postponed his appearance to at least early December and that a dozen prosecutors were still pursuing the inquiry.
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4 · Investigative Power Does Not Settle Presidential Responsibility
4.1 — The Strongest Defense, and Its Limits
4.2 — The Charge Against Trump
Former officials can be investigated, and the government has real criticisms of the earlier Russia inquiry to point to. Blanche said diGenova's past comments did not necessarily create a conflict and promised he would follow the facts. Brennan's request to preserve records for a future challenge is still pending. The objection is Trump's choice of a prosecutor who had already called for these officials' imprisonment.
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Trump's public demands and his recruitment of a prosecutor who had already called for prison are established by his own posts and the prosecutor's reported words. The charge is that he used the public power to prosecute to pursue the punishment he had demanded. Impeachment gives Congress a way to examine that abuse of public trust, separately from the rules for criminal prosecution of a president.
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Full Source Index
Primary Sources
- [2]Donald J. Trump (@realDonaldTrump), Truth Social post addressed to Pam Bondi (Sept. 20, 2025, 6:44 p.m. ET), archived at Trump's Truth · the President's own post; third-party archive rendering
- [4]Complaint, Brennan v. Blanche, No. 1:26-cv-02323-JMC (D.D.C. July 1, 2026), ECF No. 1 · party pleading; allegations
- [7]Donald J. Trump (@realDonaldTrump), Truth Social post (Jan. 22, 2026), archived at Trump's Truth · the President's own post; third-party archive rendering
- [8]
- [9]Letter from Rep. Jim Jordan, Chairman, House Committee on the Judiciary, to Acting Attorney General Todd Blanche (July 22, 2026) · congressional referral letter; allegations
- [11]Statement of Jack Smith, Former Special Counsel, before the Senate Committee on the Judiciary (Sept. 29, 2026) · witness's prepared statement, published by the committee
- [12]Donald J. Trump (@realDonaldTrump), Truth Social image post (May 11, 2026, 10:40 p.m. ET), archived at Trump's Truth · post on the President's account; third-party archive rendering
- [13]Donald J. Trump (@realDonaldTrump), Truth Social post (Sept. 21, 2026, 12:57 a.m. ET), archived at Trump's Truth · post on the President's account; third-party archive rendering
- [14]Donald J. Trump (@realDonaldTrump), Truth Social post (Mar. 18, 2024), archived at Trump's Truth · Trump's own post, made as a candidate; third-party archive rendering
- [15]Donald J. Trump (@realDonaldTrump), Truth Social post (Mar. 9, 2026), archived at Trump's Truth · post on the President's account; third-party archive rendering
- [21]Supplemental Declaration of Kenneth L. Wainstein, Brennan v. Blanche, ECF No. 32 (D.D.C. Sept. 14, 2026) · sworn declaration by opposing counsel
- [24]Letter from Kenneth L. Wainstein to Chief Judge Cecilia M. Altonaga (Dec. 22, 2025), filed as Appendix A to the complaint, ECF No. 1-1 · letter by counsel, filed as an exhibit; allegations
- [26]
- [27]
- [28]United States v. R. Enterprises, Inc., 498 U.S. 292 (1991) · Supreme Court opinion
- [29]Trump v. United States, No. 23-939 (U.S. July 1, 2024) (slip opinion) · Supreme Court opinion
- [30]United States v. Armstrong, 517 U.S. 456 (1996) · Supreme Court opinion
- [31]
- [32]
- [33]Letter from Rep. Jim Jordan, Chairman, House Committee on the Judiciary, to Attorney General Pamela J. Bondi (Oct. 21, 2025) · congressional referral letter; allegations
- [35]
- [36]
- [37]
- [38]
- [39]Articles of Impeachment Adopted by the House of Representatives Committee on the Judiciary (1974), The American Presidency Project · rendering of a congressional document
Secondary Sources
- [1]Anna Bower and Molly Roberts, Lawfare, analysis of Joseph diGenova's appointment (dated April 27, 2026 by the complaint) · reliable secondary (attributed)
- [3]Laura Jarrett and Ryan J. Reilly, NBC News, report of its interview with Acting Attorney General Todd Blanche (Apr. 14, 2026) · reliable secondary (attributed)
- [5]
- [6]Eric Tucker and Alanna Durkin Richer, Associated Press, as carried by PBS News (posted Sept. 11, 2026) · reliable secondary (attributed)
- [10]Eric Tucker, Associated Press, as carried by PBS News (July 23, 2026) · reliable secondary (attributed)
- [16]Bloomberg, DOJ Seeking Criminal Indictment of Former White House Aide (Oct. 8, 2026), carried by Bloomberg Law · reliable secondary (attributed)
- [17]Sarah N. Lynch, CBS News, report on a grand jury presentation concerning Cassidy Hutchinson (updated Oct. 8, 2026) · reliable secondary (attributed)
- [18]Eric Tucker, Associated Press, as carried by WSLS (Apr. 17, 2026) · reliable secondary (attributed)
- [19]Alan Feuer, The New York Times, as carried by The Boston Globe (Sept. 28, 2026) · reliable secondary (attributed)
- [20]Sarah N. Lynch, CBS News (Sept. 30, 2026), on Kurt Olsen's status · reliable secondary (attributed)
- [22]Eric Tucker and Alanna Durkin Richer, Associated Press, as carried by WDBO (Sept. 24, 2026) · reliable secondary (attributed)
- [23]Evan Perez and Hannah Rabinowitz, CNN, as syndicated by KRDO (May 8, 2026) · reliable secondary (attributed)
- [25]Associated Press, as carried by KUOW (Sept. 14, 2026), report of the hearing before Judge Jia M. Cobb · reliable secondary (attributed)
- [34]Civil Rights Litigation Clearinghouse, case page and docket listing for Brennan v. Blanche (docket listing updated Oct. 10, 2026) · reliable secondary (attributed)