Washington, DC – U.S. Senator Sheldon Whitehouse (D-RI) sent a letter to Interim U.S. Attorney for the District of Columbia Ed Martin after reporting in the Washington Post indicates Martin intends to rewrite the Lewis List policy, which ensures that prosecutors turn over constitutionally required evidence that casts doubt on the testimony of law enforcement officers who testify in criminal trials. Given Interim USA Martin’s lack of prosecutorial experience and prior misconduct, his looming overhaul threatens the safety of D.C. residents and jeopardizes career prosecutors who may be required to follow his lawless policy.
“The Constitution, D.C. law, court rules, and the D.C. Rules of Professional Conduct require prosecutors to disclose information about a government witness that could undermine that witness’s credibility. These disclosures protect ‘the defendant’s right to a fair trial’ and ‘ensure that a miscarriage of justice does not occur,’” wrote Whitehouse.
“To comply with these obligations, prosecutors track information that could undermine a law enforcement officer’s credibility if the prosecutor called that officer as a witness. Known in D.C. as the Lewis List, this information helps prosecutors abide by their legal and ethical duties and present the strongest cases possible on behalf of victims and the public,” continued the senator.
“Although you have not announced what specific revisions you have in mind for your Office’s Lewis List policy, you have said one of your motivations is to ‘stand up to judges.’ As a former United States Attorney, I find this statement baffling. United States Attorneys are officers of the court whose job is to facilitate justice—not ‘stand up to judges.’ Statements like these, along with your inexperience handling criminal prosecutions, make me concerned that any policy changes under your leadership will result in flagrant violations of your legal and ethical responsibilities,” added Whitehouse.
Whitehouse has conducted rigorous oversight of Interim U.S. Attorney Martin since he was nominated to the position by President Donald Trump. In early March, Whitehouse joined Senate Judiciary Committee Democrats in filing a misconduct complaint against Martin with the D.C. Bar for dismissing charges against his own client and using the threat of prosecution to intimidate government employees and chill the speech of private citizens.
On March 12, Senator Whitehouse launched an inquiry into the potential law enforcement misconduct around the EPA’s climate funding freeze, questioning Attorney General Pam Bondi and FBI Director Kash Patel about the apparent misuse of law enforcement resources by interim USA Martin to pursue President Trump’s political aim. Senators Whitehouse, Ed Markey (D-MA), Chris Van Hollen (D-MD), and Bernie Sanders (I-VT) previously sent a letter to the Department of Justice regarding Interim USA Martin forcing the resignation of the head of the criminal division in the D.C. U.S. Attorney’s Office, Denise Cheung, after she declined to pursue an unwarranted criminal investigation that would have frozen accounts with congressionally-approved climate funds.
Whitehouse also joined Senate Judiciary Committee Democrats in demanding Committee Chairman Chuck Grassley (R-IA) hold a hearing on Interim USA Martin’s nomination, given his highly partisan record, and deeply problematic and lawless conduct since being named to his position.
The text of the letter is below and a PDF of the letter is available here.
April 7, 2025
Edward R. Martin, Jr.
Interim United States Attorney for the District of Columbia
601 D St. N.W.
Washington, D.C. 20004
Dear Interim U.S. Attorney Martin:
I write in response to recent reports that you intend to revise your Office’s “Lewis List” policy related to disclosure of information about law enforcement witnesses that may bear on their credibility. Given your lack of prosecutorial experience, I am concerned you may not fully understand your duty to disclose this information or the damage that your proposed changes may do to people of Washington, D.C., and the credibility of your Office.
The Constitution, D.C. law, court rules, and the D.C. Rules of Professional Conduct require prosecutors to disclose information about a government witness that could undermine that witness’s credibility. These disclosures protect “the defendant’s right to a fair trial” and “ensure that a miscarriage of justice does not occur.” Prosecutorial disregard for these requirements can result in mistrials, dismissal of charges, overturning of convictions, and sanctions against the prosecutor. Outcomes like these waste taxpayer resources, diminish public confidence, and potentially let guilty offenders escape accountability.
To comply with these obligations, prosecutors track information that could undermine a law enforcement officer’s credibility if the prosecutor called that officer as a witness. Known in D.C. as the Lewis List, this information helps prosecutors abide by their legal and ethical duties and present the strongest cases possible on behalf of victims and the public.
Although you have not announced what specific revisions you have in mind for your Office’s Lewis List policy, you have said one of your motivations is to “stand up to judges.” As a former United States Attorney, I find this statement baffling. United States Attorneys are officers of the court whose job is to facilitate justice—not “stand up to judges.” Statements like these, along with your inexperience handling criminal prosecutions, make me concerned that any policy changes under your leadership will result in flagrant violations of your legal and ethical responsibilities. These changes will do nothing but jeopardize the safety of the people of Washington, D.C., and the career of any attorney in your office who follows these policies.
I hope you take this advice to heart, proceed lawfully, and abandon this reckless distraction.
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