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John Brennan Sues to Force Preservation of Records in DOJ Investigations

He asks a federal judge to require administration officials to keep communications that his lawyers say are needed to challenge any future prosecution as politically motivated.

Overview

  • Brennan filed the lawsuit in federal court in Washington on Wednesday, July 1, 2026, asking U.S. District Judge Jia M. Cobb to order preservation of records from the White House, the Justice Department, the CIA, the Office of the Director of National Intelligence and Florida prosecutors.
  • The complaint names President Donald Trump, acting Attorney General Todd Blanche, White House chief of staff Susie Wiles, the U.S. attorney in the Southern District of Florida and other senior officials as defendants and seeks a broad injunction to preserve emails, texts, instant messages and other contemporaneous materials.
  • Brennan’s lawyers say the preservation order is needed so he can later mount constitutional challenges that any indictment would be vindictive or selectively prosecuted, citing more than 100 public statements by the president and alleged use of ephemeral messaging apps that could erase key evidence.
  • The filing details procedural concerns highlighted in reporting, including the removal of a career prosecutor from the probe and the use of politically aligned advisers and outside lawyers on the Southern District of Florida team, which Brennan’s lawyers say shows irregular handling of the investigations.
  • No criminal charges have been filed against Brennan in the two Justice Department probes described in the complaint, the DOJ has not publicly answered the suit, and the case tests a growing willingness by courts to police subpoena and preservation practices in politically sensitive investigations.