Joe diGenova told the New York Post that he resigned because he lacked evidence to bring indictments.
Posted by The Lawfare Podcast, Checked
- Sources
- 2 contradict2 support1 context
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- 1 time·
- Confidence
- 60%
The Lawfare PodcastSep 14, 2026
DiGenova did tell the New York Post that "if you want indictments where there's no evidence, you have an ethical problem," but no source has him saying he resigned because he lacked evidence.
What was said
… You're muted. Um, it was April, I think he was appointed, right, or maybe a little bit before that. So, yeah, so four or five months, like, right? Mm-hmm. Yeah, yeah, so, so a while, certainly more than a month. There's no doubt about that. And he did say to the New York Post yesterday that essentially, when you don't have evidence and you are trying to bring indictments, you have an ethical problem, and so this was quite striking from someone who was brought onto this case, it seemed, well, because of two things: one, his promise to bring these indictments within a month, and two, his years and years and years of saying on Fox News, other conservative …
The Lawfare Podcast · · from the transcriptPost →What we found
Contradicts. diGenova declined to comment to AP on the circumstances of his resignation, so the sources do not show him giving lack of evidence as his reason for leaving.[1]
Contradicts. diGenova later told AP his comments were taken out of context and said, "There's plenty of evidence in all of these cases to prove the theories of prosecution," which contradicts the idea that he quit for lack of evidence.[1][2]
Supports. Multiple outlets report diGenova told the New York Post, "If you want indictments where there's no evidence, you have an ethical problem," so the quoted remark is real.[2][3][4]
Context. The Hill and other outlets said his remarks indicated concerns about the case's strength, but that is reporters' interpretation rather than a statement by diGenova that he resigned for this reason.[3][5]
Sources
5 sources: 1 fact-checker, 3 not rated, 1 tier 1
- 1Prosecutor brought in to investigate Trump foes says he ...apnews.com · fact-checker · cited for: contradicts
- 2‘You Have an Ethical Problem': Trump DOJ Loyalist Rails Against ‘Indictments' With ‘No Evidence' After Exitmediaite.com · not rated · cited for: contradicts, supports
- 3Joe diGenova resigns from DOJ position investigating Trump foesthehill.com · tier 1 · cited for: supports, context
- 4'You Have an Ethical Problem': Trump DOJ Loyalist Rails Against ...yahoo.com · not rated · cited for: supports
- 5Investigator Overseeing Probe Into Trump Opponents Breaks Silence On Abrupt Exituk.news.yahoo.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- Joe DiGenova resigned from his position.True
- Joe diGenova resigned from prosecuting the grand conspiracy case.True
- Joe diGenova resigned from his position five months after being appointed.True
- Joe diGenova brought zero indictments during his time prosecuting the grand conspiracy case.True
- Joe diGenova and Kurt Olson have left their positions investigating former administration officials.True