Federal Judge Dismisses John Brennan Lawsuit Seeking Order to Preserve DOJ Investigation Records
U.S. District Judge Jia Cobb dismissed former CIA Director John Brennan’s suit seeking to compel the Justice Department to preserve records related to investigations into him, ruling he lacked standing because any injury remained speculative.
Tommy Flynn
A federal judge in Washington on Thursday dismissed a lawsuit filed by former CIA Director John Brennan that sought a court order requiring the Trump Justice Department and other agencies to preserve all records from investigations into him so he could later challenge any potential prosecution as vindictive or selective.
U.S. District Judge Jia Cobb granted the government’s motion to dismiss, finding that Brennan lacked standing. In her memorandum opinion, Cobb wrote that Brennan’s allegations—that he is being targeted not because of his conduct but because he has opposed the current president—“are deeply concerning.” She added, however, that “even taking all of Brennan’s allegations to be truthful at this stage, the injury he alleges is simply too attenuated from the actions he seeks to enjoin to warrant a finding of standing here.”
Cobb described the risk of relevant records being destroyed as speculative absent an indictment. She noted that for most defendants in the case there were “no allegations of non-preservation at all.” Brennan sued in July, arguing the evidence of vindictiveness was overwhelming and citing years of criticism from President Trump related to Brennan’s role in the intelligence community’s assessment of Russian interference in the 2016 election.
Brennan has not been criminally charged. His attorneys said the dismissal turned on the technical issue of standing rather than the merits of the claim that the Justice Department is using the criminal justice system for political retribution. They stated that Brennan will continue to defend himself and will scrutinize document preservation if any future indictment is brought.
The ruling comes amid ongoing Justice Department and FBI activity examining aspects of prior investigations involving Trump and his associates. Cobb’s opinion acknowledged that the allegations, if proven, would suggest a vindictive prosecution, but held that the claimed injury was not yet imminent.
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