WASHINGTON – A federal judge on Thursday rejected former CIA Director John Brennan’s request for an order directing the Justice Department to preserve all records tied to its investigations of him. Brennan’s lawyers sought the material in case prosecutors eventually bring charges that he could challenge as vindictive or malicious prosecution.
Brennan’s attorneys acknowledged that such a request was unusual. They argued, however, that it was warranted by what they described as the Justice Department’s retaliatory approach toward Brennan, along with recent instances in which government records were deleted or not properly retained.
U.S. District Judge Jia Cobb denied the motion, ruling that Brennan’s concerns rested on speculation rather than evidence sufficient to justify the sweeping preservation order.
Brennan served as CIA director during the final years of President Barack Obama’s Democratic administration. In that role, he became a prominent figure in the U.S. intelligence community’s assessment that Russia had broadly interfered in the 2016 presidential election to benefit Republican Donald Trump, who defeated Democrat Hillary Clinton.
The Justice Department has not publicly accused Brennan of wrongdoing. House Republicans, however, have referred him to the department for possible prosecution, alleging that he lied to Congress. Brennan has strongly denied the allegation.
For months, Brennan has been caught up in two Justice Department inquiries: one examining whether he made false statements to Congress in 2023, and a broader Florida investigation into whether he and other former intelligence and law enforcement officials conspired to prevent Trump from returning to power. Brennan was subpoenaed to appear before a grand jury in the broader case. His lawyers have also said prosecutors informed them that he remains a target in the separate false-statements investigation.
Whether Brennan will ultimately be charged remains uncertain. His attorneys have said they plan to contest any prosecution as vindictive and believe government records obtained through a preservation order could help support that defense.
Cobb was nominated to the federal bench in 2021 by President Joe Biden, who served as Obama’s vice president.
