Merrick Garland Slammed for Dropping Energy Fraud Case Right After Trump Win

Attorney General Merrick Garland is facing increased scrutiny from congressional Republicans over the Department of Justice’s (DOJ) decision to intervene and dismiss a lawsuit concerning a failed solar energy project in Nevada.

The project, known as Crescent Dunes, has become a focal point for Republican lawmakers investigating what they allege is a cover-up of financial fraud involving hundreds of millions of taxpayer dollars.

On Tuesday, Rep. Lance Gooden (R-TX) sent a letter to Garland raising concerns over the DOJ’s recent actions. “I am writing to express my concerns and seek clarification regarding the recent motion filed by the Department of Justice (DOJ) on November 6, 2024, to intervene and dismiss the False Claims Act (qui tam) lawsuit filed by CMB Export, LLC, against Tonopah Solar Energy, LLC, and its affiliates,” Gooden wrote.

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The lawsuit centers around allegations that Crescent Dunes, a solar energy plant funded during the Obama administration, fraudulently obtained approximately $275 million in Treasury Department grants.

The case was filed under the False Claims Act, which allows private entities to pursue fraud claims on behalf of taxpayers, with the DOJ’s approval.

Gooden’s letter, obtained exclusively by Breitbart News prior to its public release, marks the latest congressional interest in the matter. Rep. Carol Miller (R-WV) has also addressed the issue in previous inquiries.

The controversy escalated after a Breitbart News investigation revealed that the DOJ reversed its stance on the lawsuit the day after President-elect Donald Trump defeated Kamala Harris in the November 5 election.

An internal email sent less than an hour before polls closed on election night indicated the DOJ’s sudden shift in support.

On November 6, Garland’s DOJ formally filed a motion to dismiss the case, reversing a decision made in mid-2023 that allowed the lawsuit to proceed.

Gooden’s letter highlighted concerns about the timing and rationale of the DOJ’s decision. “This action raises significant questions about the decision-making process and rationale behind the DOJ’s intervention, particularly in light of the timeline and the lack of any clear justification for dismissing this case,” Gooden wrote.

The Crescent Dunes project began under the Obama administration as part of its push for renewable energy.

The plant, which uses mirrors to reflect sunlight to heat molten salt in a central tower, was plagued with technical issues and ultimately failed to deliver on its promises.

The project went bankrupt before reopening under new ownership but continues to produce only a fraction of its projected energy output.

Adding to the controversy, reports indicate that the plant posed safety risks.

Wildlife concerns emerged as birds reportedly caught fire mid-flight after being exposed to reflected sunlight, and workers were hospitalized after being exposed to toxic gases.

Gooden emphasized that the lawsuit extends beyond Crescent Dunes, saying, “The allegations in this case represent not just potential financial fraud but a breach of the public trust. The Crescent Dunes project, like other failed ‘green energy’ initiatives, has already cost taxpayers hundreds of millions of dollars, and the dismissal of this case raises serious concerns about the Department’s commitment to protecting public funds and prosecuting fraud.”

The congressman’s letter to Garland included six critical questions about the DOJ’s decision, particularly focusing on the timing of the dismissal, potential political influence, and the impact on taxpayer accountability. Among the questions, Gooden asked:

• What specific facts or circumstances led the DOJ to determine dismissal was in the public interest?
• Why did the DOJ wait until November 6, one day after the election, to file its motion?
• Was the timing influenced by political considerations or the transition to a new administration?

Gooden also requested immediate access to all documents and communications related to the case, instructing Garland to preserve all relevant records. “To ensure transparency and accountability are upheld in this case, I request immediate access to all records and communication in relation to the Crescent Dunes project and its subsequent dismissal,” Gooden wrote.

While the DOJ cited “undue burdens” on federal agencies as a reason for the dismissal, Republicans argue that the decision undermines efforts to recover misused taxpayer dollars.

The Crescent Dunes case has drawn national attention as the incoming Trump administration signals a renewed focus on energy policy.

Trump’s team has made clear that his administration will prioritize ending government support for green energy projects like Crescent Dunes, which they describe as costly and ineffective.

The DOJ’s handling of the Crescent Dunes case and its broader approach to taxpayer accountability remain under close scrutiny as congressional investigations move forward.

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