Lawyers for John O. Brennan, the former CIA director, intend to preserve evidence for a potential vindictive prosecution motion if charges are filed against him. Brennan, often criticized by President Trump, faces two unorthodox investigations discussed openly by senior Justice Department officials and media.
On Wednesday, Brennan’s legal team notified the Trump administration that any charges against him would be contested as retaliatory. This came via a lawsuit in Federal District Court, Washington, asking a judge to order the preservation of related records and communications. The motion anticipates claims of vindictive and selective prosecution.
Requesting record preservation for an unfiled case is rare, highlighting the unconventional nature of Trump’s legal reprisals in recent months. Trump’s heightened use of legal avenues against rivals is matched by defense attorneys proactively resisting investigative moves.
The inquiries into Brennan focus first on finding potential charges against him. One investigation, based in Washington, examines whether Brennan misled Congress regarding his role in a January 2017 intelligence assessment. This assessment determined Russia aimed to assist Trump in the 2016 election. The approach taken by prosecutors indicates Brennan might have been targeted before identifying a specific offense.
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