WASHINGTON — Former CIA Director John Brennan has received a subpoena to testify in front of a Florida grand jury. This relates to a Department of Justice investigation. The focus is on whether former law enforcement and intelligence officials conspired against then-President Donald Trump. Additionally, there is a separate inquiry into whether Brennan made false statements before Congress. Ken Wainstein, Brennan’s lawyer, provided this information on Monday.
Wainstein disclosed the subpoena’s existence while seeking a court order compelling the Justice Department to keep all investigation records. He emphasized the importance of these documents as a “fertile source” of information regarding any indictment against Brennan. Such records would help challenge any potential unconstitutional prosecution of the ex-CIA director.
“The reality is there’s no precedent for this situation,” Wainstein stated, highlighting his surprise at the unusual request for document preservation. He added, “I’ve spent decades in and around the Justice Department. I’ve never even conceived of a situation like this.” He accused the Justice Department of “blatantly trying to frame somebody for a crime that is complete fiction.”
While presenting his arguments to U.S. District Judge Jia Cobb, Wainstein referred to what he described as “judge-shopping” by the Department of Justice. He noted directives from Trump to pursue perceived adversaries like Brennan. He also mentioned the resignations or dismissals of prosecutors who raised internal concerns.
Subpoena Related to a ‘Far-Reaching’ Investigation
The subpoena was served last Thursday, requiring Brennan’s appearance on October 15 in Fort Pierce, Florida. This court is associated with Aileen Cannon, a judge appointed by Trump, who in 2024 dismissed a case against Trump involving classified documents at Mar-a-Lago.
Wainstein claims the subpoena is connected to a “far-reaching” criminal investigation. This investigation examines a theory that government officials who had previously investigated Trump conspired to infringe on his civil rights. These investigations span the 2016 election interference by Russia and more recent events concerning top-secret records.
Prosecutors informed Wainstein that Brennan remains a focus of an investigation into alleged false statements made to Congress. These relate to the creation of an intelligence assessment on Russian interference in support of Trump during the 2016 election. Brennan and his legal team refute these allegations, describing them as false.
Subpoenas demanding grand jury testimonies in the false statements investigation were issued last spring. They were then withdrawn in favor of voluntary interviews. Wainstein expressed concern over potential charges against Brennan, attributing the risk to efforts by the Trump administration.
“The message is very clear to the personnel at DOJ about what needs to happen,” he remarked.
Resignation of Lead Prosecutor
The subpoena was delivered on the same day Joe diGenova, the leading prosecutor in the “grand conspiracy” investigation, resigned. Sources described frustrations from the Justice Department and the White House about the probe’s management as reasons.
DiGenova responded to criticism, stating in a New York Post interview, “If you want indictments where there’s no evidence, you have an ethical problem.” He later clarified to the Associated Press, “There’s plenty of evidence in all of these cases to prove the theories of prosecution. It just takes time to get there.” The Justice Department has yet to name a replacement for diGenova.
Kurt Olsen, a lawyer linked to Trump’s false 2020 election claims, communicated with Brennan’s defense team. The defense seeks communications showing directives from Trump or White House officials to target Brennan. They argue for a preservation order due to a pattern by the Trump administration of not preserving records.
The Justice Department labeled the preservation request as premature and speculative, stating Brennan’s lack of criminal defendant status and uncertainty around charges. Judge Cobb has yet to rule on Brennan’s request.