Justice Department doesn’t have to save records from inquiries into ex-CIA boss Brennan, judge says

A federal judge on Thursday declined to compel the Justice Department to retain all records from investigations involving former CIA Director John Brennan, in order for him to challenge any potential criminal case against him as malicious prosecution. Brennan's attorneys acknowledged the request for a court order was unusual but argued it was essential due to what they claimed was the Justice Department's vindictive behavior and pattern of deleting or failing to preserve relevant records.

However, U.S. District Judge Jia Cobb rejected the request, deeming Brennan's arguments too speculative. Brennan, as CIA Director during the final years of President Obama's Democratic administration, played a crucial role in concluding that Russia had interfered in the 2016 U.S. presidential election on behalf of Republican Donald Trump, who later won the presidency against Clinton.

Despite no public accusations against him, House Republicans have referred Brennan to the Justice Department for possible prosecution on allegations of lying to Congress, which he denies. Brennan has been the subject of Justice Department investigations into false statements to Congress in 2023 and a broader Florida-based inquiry into a conspiracy to prevent Trump from power.

He has been subpoenaed to testify before a grand jury in the broader conspiracy investigation, and prosecutors have told his lawyers he remains a target in a separate, more discreet false-statements investigation. It is unclear whether Brennan will face charges, but his attorneys intend to challenge any prosecution on vindictive-prosecution grounds, and records from the government obtained through a court order would aid their argument.

Judge Jia Cobb, nominated by President Joe Biden in 2021, who previously served as Obama's vice president, made the decision.