Ex-CIA Director John Brennan seeks court order requiring records from investigations be preserved

In this June 16, 2016 file photo, former CIA Director John Brennan testifies on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite, File)

WASHINGTON — Former CIA Director John Brennan sued the Trump administration Wednesday, demanding a court order that would require officials to preserve records from investigations that he says are targeting him for “what amounts to phantom criminal conduct.”

The lawsuit says the records would shed light on the motivations of government officials who are investigating Brennan and would form the basis of defence efforts to dismiss any eventual indictment on grounds that the case constitutes a vindictive prosecution.

Such an argument, his lawyers said, would be supported by the more than 100 verbal or written statements that U.S. President Donald Trump has made since 2017 lambasting Brennan and by the Republican president’s directives to his U.S. Justice Department to initiate investigations of Brennan “without regard to factual or legal justification.”

“To fully consider those motions, the reviewing judge would need to scrutinize the motivations of the Justice Department officials who directed, oversaw, or undertook those actions to determine whether they violated Director Brennan’s rights, and specifically whether they were motivated by a desire to vindictively prosecute him as an act of retribution,” Brennan’s lawyers wrote in the lawsuit filed in federal court in Washington.

Without an order, the lawsuit contends, the records are at risk of being lost or intentionally deleted.

The lawsuit amounts to a preemptive strike of sorts on months-long investigations into Brennan and other perceived adversaries of the president, and represents another effort by Brennan’s legal team to sound the alarm on inquiries they believe are part of a pattern of politically motivated probes driven by the White House. It asserts that Brennan is being targeted in a vindictive and selective manner arising from Trump’s “obsession with punishing him for his lawful conduct as CIA Director and for his constitutionally protected criticism of the president and the president’s policies.

“That is the reason he is being singled out for investigation of concocted theories of criminal activity, and that will be the dominant reason for any criminal charges resulting from that investigation. That is also why Director Brennan will have an extremely strong basis to challenge those charges as the product of vindictive and selective prosecution,” the lawsuit says.

Investigators based in Florida are examining whether Brennan made a false statement to Congress in 2023 related to an assessment by intelligence agencies documenting Russian interference in the 2016 presidential election, when Trump defeated Democrat Hillary Clinton. The other investigation aims to determine whether former law enforcement and intelligence officials conspired over the last decade to undermine Trump, including during the course of the Russian interference investigation.

Brennan has denied any wrongdoing.

The complaint seeks a court order requiring the preservation of all government records relevant to the investigations, including emails, calendar entries and communications — whether public or private — from Trump or other White House officials about the inquiries and efforts to advance them.

“Given these strong indicia of vindictiveness, Director Brennan expects that he will forcefully challenge any eventual indictment as the product of an unconstitutionally vindictive and selective prosecution,” the lawsuit says, adding that the judge presiding over any criminal case would look to those records for a glimpse of the government’s motives.

The lawsuit says there’s a “very real risk” that the requested communications will not be available by the time any indictment is brought, either because of technology changes that make deletion of records more routine or automatic or because of a Trump administration habit of “failing to observe their legal obligation to maintain such records.”

“Given the government’s questionable recent history with respect to its record preservation and other legal obligations, however, Director Brennan has a well-founded concern that those records and communications will not be preserved until such time as the court can review them for evidence of unconstitutional vindictiveness,” Brennan’s lawyers wrote.

The lawsuit names as defendants Trump and other top officials from his administration, including acting attorney general Todd Blanche, FBI Director Kash Patel, White House chief of staff Susie Wiles and CIA Director John Ratcliffe.

Other defendants include Jason Reding Quiñones, the U.S. attorney for the Southern District of Florida, and Joe diGenova, a Reagan administration prosecutor who returned to the Justice Department in April to serve as a special counselor to the attorney general and help oversee the investigations.

Brennan’s lawyer, Ken Wainstein, wrote in December to the chief judge of the federal court in Florida asking that the U.S. Justice Department be prevented from steering investigations related to Brennan to a “favored” Trump administration judge, Aileen Cannon, who in 2024 dismissed the classified documents prosecution against Trump.

Asked about Brennan’s lawsuit, U.S. Justice Department spokeswoman Emily Covington said in a statement, “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.’”

Eric Tucker, The Associated Press

Associated Press writer Alanna Durkin Richer in Washington contributed to this report.