Former CIA Director John Brennan sued the Trump administration on Wednesday, demanding that federal courts order the preservation of all documents related to two criminal investigations targeting him, citing concerns that records could be destroyed to obstruct his legal defense.
The lawsuit, filed in federal court in Washington, names Acting Attorney General Todd Blanche, the Justice Department, the White House, the Office of the Director of National Intelligence, and the CIA as defendants. Brennan’s legal team argues the Trump administration is pursuing him “vindictively” and may not safeguard evidence he needs to challenge any future charges.
Brennan faces two separate DOJ criminal probes. One centers on allegations that he lied to Congress in 2023 about the U.S. intelligence community’s assessment of Russian interference in the 2016 election. The second is a broader “grand conspiracy” investigation examining whether Obama- and Biden-era officials conspired to keep Trump out of political office, according to CBS News.
In the 46-page complaint, Brennan’s attorneys wrote that “This Administration has adopted a policy of using criminal process and prosecution to punish the President’s perceived adversaries.” They argue that any eventual indictment would be “unconstitutionally vindictive and selective,” and that loss of investigative records would “impair, perhaps fatally” the ability of a court to review the true intentions behind prosecutors’ decisions.
Brennan’s legal team says the records would be essential for him to mount a defense on vindictive prosecution grounds if charged, according to WBAL-TV. The lawsuit also singles out Joseph DiGenova, a Trump ally and former campaign lawyer appointed as a counselor to the acting attorney general who was tapped to lead the DOJ investigation after a career prosecutor expressed concerns and was removed from the case in April, as reported by CBS News and AP News.
The filing echoes recent successful legal challenges to Trump administration investigations. In Minnesota last week, a federal judge quashed six grand jury subpoenas against state and local government offices, ruling the subpoenas were retaliatory and unlawful, according to CBS News. In March, a federal judge in Washington quashed subpoenas sent to the Federal Reserve Board, ruling they were a pretext to pressure Chairman Jerome Powell, CBS News reported.
The case has been assigned to U.S. District Judge Jia Cobb, a Biden nominee. The Justice Department declined to comment on the existence of any investigation into Brennan, but said in a statement that “it is certainly rich that John Brennan is accusing anyone of a ‘retribution campaign.'”
Sources
- CBS News — details on two DOJ probes, DiGenova’s appointment, concerns from law enforcement veterans, and precedent cases
- Washington Examiner — Brennan’s lawsuit filing, preservation order request, and investigation allegations
- AP News — career prosecutor removed from investigation in April 2026
- WBAL-TV — vindictive prosecution defense strategy in lawsuit
