Ex-CIA chief John Brennan sues Trump administration to force preservation of investigation records

The lawsuit

Former CIA Director John Brennan sued the Trump administration on Wednesday in federal court in Washington, seeking a judicial order to preserve all records and communications related to two criminal investigations targeting him. The 46-page filing names President Donald Trump, acting Attorney General Todd Blanche, FBI Director Kash Patel, and unnamed Florida prosecutors as defendants.

Brennan's legal team argues the records are essential to mount a defense of vindictive and selective prosecution if charges are ever filed. They point to more than 100 public statements by Trump since 2017 lambasting Brennan, and to the president's directives to the Justice Department to pursue cases "without regard to factual or legal justification."

“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 investigations

Two separate probes are underway. The Washington-based inquiry examines whether Brennan made a false statement to Congress about a January 2017 intelligence assessment that concluded Russia tried to help Trump win the 2016 election. The Florida investigation is broader, exploring whether former law enforcement and intelligence officials conspired to undermine Trump, including during the Russia interference inquiry and later probes into Trump's attempts to overturn the 2020 election and his handling of classified materials.

No charges have been brought in either case. The New York Times reported that the investigations have been openly discussed by senior Justice Department officials and their media allies since late 2025.

Brennan's defense strategy

The lawsuit is an early-stage maneuver. Brennan's lawyers want a judge to scrutinize the motivations of DOJ officials to determine if the probes are retaliatory. A source close to Brennan told Axios that the former CIA chief will "vigorously challenge" any indictment as the product of vindictive prosecution.

“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.”

Administration response

The Justice Department pushed back. A spokesperson said, "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.'" The department has consistently denied allegations of weaponization.

A broader pattern

The lawsuit reflects an escalating tit-for-tat between Trump's use of the courts against adversaries and defense lawyers' increasingly preemptive legal challenges. Brennan, who led the CIA under President Obama and has been a vocal Trump critic, is the latest former official to seek judicial intervention before any charges are filed.