Senator Whitehouse alleges DOJ 'weaponization' in actions tied to greenhouse gas reduction fund; committee seeks answers
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Summary
Sen. Sheldon Whitehouse told the Environment and Public Works Committee he believes the interim U.S. Attorney and others improperly attempted to freeze the greenhouse gas reduction fund through a purported criminal probe; senators pressed EPA general counsel nominee Sean Donahue about agency involvement and legal standards for opening probes.
Senator Sheldon Whitehouse accused Department of Justice actors of improperly targeting the greenhouse gas reduction fund (GGRF) during a Senate Environment and Public Works Committee hearing, saying the sequence of events raised “multiple red flags” about prosecutorial misconduct.
Whitehouse said an interim U.S. attorney publicly called the fund "total graft," sought to freeze funds held by a private fiscal agent (Citibank), and then pressed forward despite career prosecutors declining to sign off. He described a pattern in which a career criminal chief told the interim U.S. attorney there was no crime, was fired, a magistrate judge denied a warrant application, and the FBI issued a letter recommending a temporary freeze. Whitehouse said the episode looked like "weaponization of the Department of Justice" and suggested civil litigation could follow under 42 U.S.C. § 1983 or defamation claims. "Everything about this stinks to high heaven," he said.
Committee members pressed EPA general counsel nominee Sean Donahue about whether he had been involved in efforts to pursue the fund or in discussions that would support a criminal probe. Donahue said he had read press reports and received committee letters about the matter but that he was not involved in any criminal probe and was not privy to the underlying investigative facts. He told senators he would not advise opening a criminal investigation without evidence; under questioning from Senator Schiff, Donahue answered "no" when asked whether he could open a criminal investigation without probable cause.
Other senators asked about broader implications for agency conduct and attorney discipline if prosecutors improperly advanced investigations for political purposes. Donahue declined to speculate about disciplinary outcomes but said that, if confirmed, the Office of General Counsel would strive to give the administrator "the best legal advice" and to ensure agency actions complied with the law.
The committee did not make any findings at the hearing; senators signaled they will pursue additional documents and written questions.