Former CIA Director John Brennan has been ordered to appear before a Florida grand jury as part of a Justice Department probe into whether government officials conspired against President Donald Trump. The subpoena was issued last Thursday and requires Brennan to testify on October 15 in Fort Pierce, Florida. That city is home to a federal court where Judge Aileen Cannon, a Trump appointee, previously dismissed charges against Trump related to his handling of classified documents at Mar-a-Lago. Brennan’s legal team said the subpoena is connected to a broad criminal investigation examining claims that officials in law enforcement and intelligence worked together to undermine Trump’s civil rights. The probe is part of what has been described as a sweeping effort by the Justice Department to investigate perceived political adversaries of the Trump administration. The broad investigation has so far produced no criminal charges.
Brennan’s lawyer, Ken Wainstein, said the situation is unprecedented and argued that any prosecution could be challenged as unconstitutionally vindictive or selective, according to the Associated Press. He said he had never encountered a situation like this during decades in and around the Justice Department. Wainstein argued that the Justice Department should preserve all records related to the investigation. He said those documents would be essential in defending against what he described as a potential vindictive prosecution of Brennan. Wainstein also criticized the Justice Department’s handling of the case, citing what he described as “judge-shopping” and directives by Trump to pursue Brennan and other perceived adversaries. He said there is no precedent for how this situation is being handled, and that the department’s actions are underhanded.
The investigation into Brennan is part of a larger set of subpoenas issued in recent weeks. Earlier this year, subpoenas were issued for Brennan’s testimony regarding alleged false statements he made before Congress. Those subpoenas were later withdrawn and replaced with voluntary interviews. Brennan has denied wrongdoing and disputes the allegation that he lied to Congress about the creation of the 2017 intelligence assessment on Russian interference in the 2016 election. The false-statements inquiry is separate from the broader investigation into an alleged conspiracy against Trump.
The Justice Department has not publicly announced a replacement for Joe diGenova, who led the investigation into the alleged conspiracy and recently resigned. DiGenova said his comments were taken out of context and that there is sufficient evidence to support prosecution theories. Attorney General Todd Blanche said Tuesday that investigations handled by diGenova will continue and that the department will not slow them down because of his departure.
The broader investigation has also examined the 2017 intelligence finding that Russia sought to help Trump’s 2016 campaign. It has reviewed former special counsel Jack Smith’s investigations involving classified documents at Mar-a-Lago and Trump’s efforts to overturn his 2020 election defeat.
Brennan’s defense team is seeking communications that may show Trump or White House officials directing the Justice Department to pursue him. They also argue that the administration has a pattern of failing to preserve records, which makes it harder to defend against accusations.
The Justice Department opposed the preservation request, calling it premature and speculative because Brennan has not been charged and may never be charged. Judge Jia Cobb has not yet ruled on the request for a preservation order. Court records show that the matter was taken under advisement after a Sept. 14 hearing.
Brennan’s lawyers argue that political pressure may be shaping the investigation and say they want government communications preserved to support any future claim of vindictive prosecution. Some legal experts have separately questioned whether prosecutors could bring a broad conspiracy case in Florida because much of the underlying conduct occurred in Washington and Virginia, Reuters reported. It also remains unclear how investigations involving different events separated by years could be combined into one conspiracy case.