Former CIA Director John Brennan Subpoenaed in Justice Department Investigation
Former CIA Director John Brennan has received a subpoena requiring him to appear before a Florida grand jury as part of a Justice Department investigation into alleged conspiracy against President Donald Trump, according to one of his attorneys.
Ken Wainstein, representing Brennan, revealed the subpoena's existence while arguing for a court order to preserve all records related to the investigations. Speaking before U.S. District Judge Jia Cobb, Wainstein characterized the situation as unprecedented and expressed concerns about what he described as prosecutorial misconduct.
The subpoena, delivered last Thursday, mandates Brennan's appearance on October 15 before a grand jury in Fort Pierce, Florida. The location is notable as the home court of Judge Aileen Cannon, a Trump appointee who dismissed federal charges against Trump in 2024 related to classified document retention at Mar-a-Lago.
Multiple Investigations Targeting Former CIA Chief
According to Wainstein, the subpoena relates to a broad criminal investigation examining whether government officials who investigated Trump over the past decade conspired to violate his civil rights. This includes those involved in probes of Russian election interference in 2016 and Trump's handling of classified materials.
Separately, Brennan remains a target in an investigation into whether he provided false testimony to Congress regarding the creation of a U.S. intelligence community assessment on Russian interference in the 2016 election. Brennan and his legal team have categorically denied these allegations.
Wainstein told the court he could not easily identify what specific crime the Justice Department might credibly charge Brennan with committing, but emphasized the substantial risk of indictment given the administration's targeting efforts. He cited what he termed "judge-shopping" by the Justice Department, presidential directives to pursue perceived adversaries, and the departure of prosecutors who reportedly raised internal concerns.
Lead Prosecutor Resigns Amid Management Concerns
The subpoena arrived on the same day Joe diGenova, who had been leading the "grand conspiracy" investigation, abruptly resigned. A person familiar with the matter described frustration from the Justice Department and White House regarding the probe's pace and management.
In an interview with The New York Post, diGenova responded to criticism by stating:
"If you want indictments where there's no evidence, you have an ethical problem."When contacted by The Associated Press, he clarified that his comments were taken out of context, adding that substantial evidence exists in these cases but that proper prosecution requires time.
The Justice Department has not announced diGenova's replacement. Wainstein identified Kurt Olsen, a lawyer who previously attempted to persuade the Justice Department to support Trump's unfounded claims of election fraud in 2020, as a member of the investigative team with whom he had communicated.
Defense Seeks Document Preservation Order
Brennan's attorneys are seeking a court order requiring the Justice Department to preserve all investigation records, arguing these documents would be essential for challenging any potential prosecution as unconstitutionally vindictive and selective. They contend the records would provide crucial evidence of directives from Trump or White House officials to pursue their client.
Wainstein emphasized the preservation order's necessity, pointing to what he characterized as the Trump administration's pattern of failing to maintain records. He described the situation as having "no precedent" and accused the Justice Department of attempting to "frame somebody for a crime that is complete fiction."
The Justice Department opposed the request, calling it premature and speculative. Government attorneys argued that Brennan, not being a criminal defendant, has no right to demand record preservation, particularly when it remains unclear whether charges will ever be filed.
Judge Cobb did not immediately rule on Brennan's preservation request. The subpoena is among numerous similar demands for testimony that have been issued recently as part of the broader investigation.
Brennan, an outspoken critic of Trump, served as CIA Director during the Obama administration and has been a frequent commentator on national security matters since leaving government service.
