Former CIA Director John Brennan sued the Trump administration on Wednesday seeking a court order to preserve all records related to ongoing investigations into him, claiming the prosecution is driven by political vindictiveness rather than legitimate criminal conduct.
Brennan filed the lawsuit in Washington federal court asking a judge to compel Justice Department officials to safeguard all records and communications tied to the investigations targeting him. His attorneys wrote in the filing that they expect Brennan will “forcefully challenge any eventual indictment as the product of an unconstitutionally vindictive and selective prosecution.”
The filing alleges that Brennan is being prosecuted for “phantom criminal conduct” and argues that President Trump has been condemning him for years. “President Trump has been condemning and calling for Director Brennan’s prosecution for years. Administration officials from the Acting Attorney General to the FBI Director and the Counselor overseeing the Brennan investigations have been publicly declaring Director Brennan a criminal, not only before securing a conviction in court but even before a full investigation and an indictment,” the filing states, according to The Hill.
Brennan’s attorneys also contend that internal DOJ records and communications are at risk of being lost because of the Trump administration’s approach to record preservation and other legal obligations. The lawsuit represents the first formal legal action Brennan has taken in response to months of investigation in Florida as part of a broader probe into the 2016 election and cases into Trump.
The investigations into Brennan center on allegations that he made false statements to Congress about the CIA’s role in assessing Russian interference in the 2016 election. House Judiciary Committee Chair Jim Jordan referred Brennan for criminal prosecution in October 2025, claiming he lied to Congress about an investigation into whether Russia intervened in the 2016 election to help Trump.
Prosecutors have sought transcripts of Brennan’s conversations with Congress, including meetings with the House Intelligence Committee. The investigation has involved grand jury subpoenas and interviews with current and former CIA employees, according to Reuters reporting from May 2026.
Brennan’s lawsuit cites what his legal team describes as “strong indicia of vindictiveness.” The filing notes that Trump has made more than 100 statements attacking Brennan, and argues that administration officials have engaged in “demonstrably irregular prosecutorial activity in order to gin up a case that will satisfy the President’s direction.”
The case has faced internal complications. In April 2026, a lead prosecutor working on the Brennan investigation was removed from the case after expressing doubts about the investigation’s viability, according to reporting from The Guardian and other outlets. The prosecutor, Maria Medetis Long, had expressed concerns over the case against Brennan, whose agency said Russia boosted Trump in 2016.
The lawsuit is unusual in that it seeks to preserve evidence before any charges have been filed. Brennan’s legal team argues that the records are vital to mounting a vindictive prosecution defense—a legal claim that requires showing the prosecution was motivated by a desire for revenge rather than legitimate law enforcement purposes.
Sources
- The Hill — Brennan’s lawsuit filing details, his allegations of phantom criminal conduct and vindictive prosecution, Trump’s public statements against him
- The Washington Post — Confirmation of lawsuit filing and Brennan’s unusual move to seek court intervention before charges
- Reuters — FBI interviews with CIA officers, investigation into 2016 Russia assessment
- AP News — Confirmation of lawsuit and court order demand for record preservation
- Los Angeles Times — Brennan’s vindictive prosecution defense and Trump statements
- House Judiciary Committee — Jim Jordan’s October 2025 referral of Brennan for criminal prosecution
- The Guardian — Lead prosecutor’s doubts about the case’s viability
