The inquiries into John O. Brennan, the former C.I.A. director, have taken a distinctive turn. His lawyers are requesting preservation of materials in case a vindictive prosecution motion becomes necessary should charges be filed.
Since last year, senior officials in the Justice Department and media outlets have openly discussed investigations into Brennan, who stands as one of President Trump’s notable adversaries. On Wednesday, Brennan’s legal team responded by warning the Trump administration that any charges might lead to allegations of retaliatory prosecution.
The notice was part of a lawsuit filed in the Federal District Court in Washington, seeking to compel President Trump and Justice Department officials to save records or communications related to Brennan’s inquiries. The lawyers anticipate potentially filing a motion for vindictive and selective prosecution if charges emerge.
The request for judicial intervention to preserve records, despite no charges being filed yet, underscores the perceived abnormality of President Trump’s growing use of the judiciary against opponents. Brennan’s defense attorneys are increasingly resisting at early stages of the investigative process.
The scrutiny of Brennan, who led the C.I.A. during Obama’s second term, is atypical. It’s suggested that investigators targeted him first and then sought crimes to charge. The department has speculated on two theories of the case. In Washington, the investigation examines whether Brennan misled Congress about his role in a 2017 intelligence assessment indicating Russian efforts to aid Trump’s election.