The Justice Department will not appeal a federal judge's decision to quash subpoenas issued to the Federal Reserve and its chairman after closing an investigation into the central bank.
The Washington Post reported that U.S. Attorney Jeanine Pirro's office said in a court filing it will not challenge the ruling that blocked two grand jury subpoenas tied to a review of cost overruns in the Fed's $2.5 billion building renovation.
Pirro closed the investigation on April 24 after prosecutors examined whether Federal Reserve Chair Jerome Powell made false statements to Congress or committed fraud related to the project.
When closing the case, Pirro said her office still planned to appeal the ruling by Chief U.S. District Judge James E. Boasberg, who halted the subpoenas and effectively stopped the investigation.
Boasberg ruled in March that prosecutors had presented "essentially zero evidence" of a crime and found the subpoenas were not justified.
The judge cited statements from President Donald Trump and his aides criticizing Powell, writing that they showed bias connected to the investigation.
Pirro faced a Sunday deadline to file a notice of appeal but did not proceed.
Prosecutors said any appeal would likely be dismissed as moot because the investigation has been closed.
Even after ending the probe, Pirro had signaled she wanted to preserve the legal basis for the subpoenas.
Instead of appealing, prosecutors asked Boasberg to vacate his prior rulings in the case.
Prosecutors G.A. Massucco-LaTaif and Steven Vandervelden wrote that the decision placed limits on the executive branch's authority to conduct investigations and raised First Amendment concerns.
They argued the court relied on statements from Trump and his aides to assess bias, which they said should not restrict prosecutorial authority.
"Some presidents have a more acidic pen and pugnacious style than others," the government prosecutors wrote.
"But it cannot be that the President effectively forfeits his constitutional authority to faithfully execute the criminal laws through grand-jury investigations," they wrote, "if he has been especially critical of targets or witnesses."
The filing also states that grand juries have the authority to issue subpoenas, including in cases based on limited information such as tips or preliminary leads.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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