Former CIA Director John Brennan filed suit Tuesday demanding the Trump administration preserve records related to investigations targeting him — admitting the documents could be critical when prosecutors bring criminal charges.
The lawsuit reveals Brennan knows he’s under federal investigation.
Filed in federal court in Washington, the complaint alleges the administration has abandoned longstanding records retention practices. Brennan’s attorneys claim he’s being probed for what they called “phantom criminal conduct.”
“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.”
The 46-page filing accuses the Justice Department of demonstrating “a consistent pattern of irregular conduct in this and other retribution cases.”
Brennan’s legal team contends the investigation is Trump targeting a political opponent. The former CIA director has been a vocal Trump critic since the president first entered politics.
A source close to Brennan told Axios the former intelligence chief intends to fight any criminal charges that emerge from the probe.
“Since President Trump first entered politics, he has repeatedly singled out Director Brennan for criticism, and we believe these investigations are the latest effort to retaliate against him for his lawful conduct as CIA Director and his constitutionally protected speech,” the source said.
“If an indictment is ever returned, Director Brennan will vigorously challenge it as the product of vindictive and selective prosecution. Today’s filing seeks only to ensure that the Government preserves the evidence that will be necessary for the courts to evaluate Director Brennan’s constitutional claims.”
The Justice Department declined to confirm whether Brennan is under investigation — but the response was pointed.
“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’s attorneys cited several recent Trump administration legal actions as justification for the preservation order, including subpoenas issued to former Federal Reserve Chair Jerome Powell and an investigation involving Minnesota Gov. Tim Walz.
The complaint is available in full here.
