Former CIA Director John Brennan filed a federal lawsuit Wednesday against the Justice Department, President Donald Trump and several senior administration officials, asking a court to order the preservation of records tied to the ongoing criminal investigations targeting him.
The lawsuit, filed in U.S. District Court for the District of Columbia, does not seek to halt the investigations. Instead, Brennan argues that documents, internal communications and other records could become critical evidence if he is ultimately indicted and challenges the prosecution as politically motivated.
“The evidence of vindictiveness in this matter is overwhelming,” Brennan’s attorneys wrote in the 46-page complaint, arguing that Trump and senior administration officials have publicly accused the former CIA chief of criminal wrongdoing long before any charges have been filed.
“This Administration has adopted a policy of using criminal process and prosecution to punish the President’s perceived adversaries,” Brennan’s legal team wrote. “It is against this backdrop that former Director of the Central Intelligence Agency, John O. Brennan, is being vindictively singled out for investigation and prosecution.”
According to the complaint, Brennan intends to challenge any future indictment as “unconstitutionally vindictive and selective.” His attorneys argue that preserving communications among prosecutors and executive branch officials is essential because any destruction of records could undermine his ability to demonstrate improper prosecutorial motives in court.
The lawsuit asks U.S. District Judge Jia Cobb, a Biden appointee, to order the Justice Department, the White House, the Office of the Director of National Intelligence and the CIA to preserve records potentially relevant to Brennan’s constitutional defenses.
Named as defendants are Acting Attorney General Todd Blanche, President Trump, FBI Director Kash Patel, U.S. Attorney Jason Reding Quiñones and other officials involved in the investigations.
Two investigations remain active
Brennan is currently the subject of two separate Justice Department investigations being conducted out of the Southern District of Florida.
One probe is examining whether Brennan made false statements to Congress during 2023 testimony concerning the U.S. intelligence community’s assessment of Russian interference in the 2016 presidential election.
The second is a broader investigation examining allegations that Obama- and Biden-era intelligence and law enforcement officials participated in a long-running conspiracy aimed at preventing Trump from winning or holding political office. No criminal charges have been filed in either investigation.
CBS News previously reported that several current and former law enforcement officials have expressed concerns about personnel changes inside the Justice Department, arguing that investigators viewed as politically aligned with Trump have been assigned to Brennan’s case after career prosecutors were removed.
Among those involved is Joseph DiGenova, who was appointed to oversee one of the Brennan investigations after the previous career prosecutor was removed from the case. Constitutional scholar John Yoo has also joined the effort in an advisory role on legal issues, while former Trump election security official Kurt Olsen is participating in the investigation, according to CBS News.
DOJ pushes back
The Justice Department declined to address the existence of any investigation but rejected Brennan’s characterization of events.
“While we cannot comment on the existence, or lack thereof, of an investigation, it is certainly rich that John Brennan is accusing anyone of a ‘retribution campaign,'” a Justice Department spokesperson said in a statement.
Brennan’s attorneys contend that more than 100 public statements Trump has made about the former CIA director since 2017 demonstrate a longstanding desire to prosecute him, arguing those statements could become relevant if criminal charges are eventually brought.
For now, Brennan faces no formal charges. His lawsuit seeks only to ensure that records connected to the investigations are preserved should they become evidence in future court proceedings.
