Former CIA Director John Brennan sued the Trump administration on Wednesday, demanding a federal court order to preserve investigation records he says are targeting him for what he calls “phantom criminal conduct.” Brennan’s lawsuit, filed in federal court in Washington, seeks to prevent the destruction or deletion of records related to multiple probes that he contends are politically motivated and driven by Trump’s stated desire for retribution.
Brennan is facing separate investigations based in Florida, including one examining whether he made a false statement to Congress in 2023 related to an intelligence assessment documenting Russian interference in the 2016 presidential election. The other investigation aims to determine whether former law enforcement and intelligence officials conspired to undermine Trump during the Russian interference probe.
The lawsuit argues that the preserved records would be essential for Brennan to mount a defense on vindictive prosecution grounds if he is indicted. Brennan’s legal team cited more than 100 verbal or written statements Trump has made since 2017 attacking Brennan, along with directives to the Justice Department to initiate investigations “without regard to factual or legal justification.” According to the lawsuit, “To fully consider those motions, the reviewing judge would need to scrutinize the motivations of the Justice Department officials who directed, overseeing, 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 argued that without a court order, the records are at risk of being lost or intentionally deleted. The complaint seeks preservation of all government records relevant to the investigations, including emails, calendar entries, and communications from Trump or other White House officials about the inquiries.
The lawsuit names Trump and other top officials as defendants, including acting Attorney General Todd Blanche, FBI Director Kash Patel, White House chief of staff Susie Wiles, CIA Director John Ratcliffe, U.S. Attorney Jason Reding Quiñones, and Joe diGenova, a former Reagan administration prosecutor who was appointed in April as a special counselor overseeing the investigations. Brennan’s attorneys have previously expressed concerns about the role of Judge Aileen Cannon, who dismissed Trump’s classified documents case in 2024, in any proceedings related to the investigations.
The Justice Department declined to confirm the existence of an investigation into Brennan but issued a statement saying, “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.'” Brennan has denied any wrongdoing and maintains he acted lawfully as CIA director and in exercising his constitutionally protected right to criticize the president and his policies.
Sources
- PBS News — Brennan’s lawsuit details, allegations of vindictive prosecution, and naming of defendants
- The Washington Post — Context on the unusual nature of the lawsuit filed before any charges and Brennan’s preemptive legal strategy
- Reuters — Confirmation of the lawsuit and Brennan’s arguments regarding preservation of records
- NBC News — Details on the separate Florida-based investigations and false statement allegations
- The Hill — Brennan’s characterization of the investigations as phantom criminal conduct
