Ex-CIA Director Brennan Asks a Court to Preserve Records of Investigations Into Him

A long-running feud between President Trump and one of his most vocal critics has moved into federal court.

What Brennan is asking for

Former CIA Director John Brennan filed a complaint Wednesday in the U.S. District Court for the District of Columbia, naming Trump, Acting Attorney General Todd Blanche, FBI Director Kash Patel and other officials, the Associated Press reported. The suit does not seek to halt the investigations. Instead, it asks the court for a records-preservation order — a directive that the government retain emails, communications and other records Brennan says he would need to defend against any future indictment. "This Administration has adopted a policy of using criminal process and prosecution to punish the President's perceived adversaries," his attorneys wrote.

The investigations at issue

The lawsuit describes two federal inquiries. One, run out of the Southern District of Florida, examines whether Brennan made a false statement to Congress in 2023 about the intelligence community's assessment of Russian interference in the 2016 election, CBS News reported. The other is a broader inquiry into whether former intelligence and law enforcement officials conspired to undermine Trump — a theory he and his allies have long pressed. Blanche appointed Joseph diGenova, a former federal prosecutor, to help oversee the matters.

The administration's response

The Justice Department did not confirm the existence of any investigation, but a spokeswoman offered a pointed reply, calling it "rich that John Brennan is accusing anyone of a 'retribution campaign,'" Fox News reported. The White House did not comment. Supporters of the inquiries say officials should face scrutiny like anyone else and that no one is above the law.

Context and stakes

Brennan's central legal theory — vindictive prosecution — is one courts recognize but rarely apply, allowing charges to be challenged if a defendant shows the government acted in retaliation for exercising constitutional rights rather than for legitimate reasons. His complaint catalogs years of Trump statements attacking him; Trump revoked Brennan's security clearance in 2018 amid a broader move against former officials including James Comey and James Clapper. No indictment has been announced. Brennan, who led the CIA from 2013 to 2017, has denied wrongdoing, and the dispute now turns on whether a judge agrees the evidence he seeks should be locked in place before any charges are brought.