Former CIA Director John Brennan has been ordered to testify before a Florida grand jury. This is part of an ongoing Justice Department investigation to determine if former law enforcement and intelligence officials, including Brennan, conspired against former President Donald Trump. Brennan also faces scrutiny over whether he made false statements to Congress. His lawyer, Ken Wainstein, revealed this information on Monday.
Wainstein is advocating for a court order to preserve all investigation records. He argues these documents would provide critical insight into the efforts to indict Brennan. They are crucial for the defense to examine any potential prosecution of Brennan as unconstitutional and vindictive.
“The reality is there’s no precedent for this situation,” Wainstein stated. He expressed his surprise at what he perceives as the Justice Department’s attempt to frame Brennan. “I’ve never even conceived of a situation like this.”
In a plea to U.S. District Judge Jia Cobb, Wainstein accused the Justice Department of “judge-shopping” and following Trump’s directives to target perceived adversaries. Numerous prosecutors have resigned or been replaced, some with doubts about the investigation.
Investigation Scope
The subpoena, issued last Thursday, requires Brennan to appear on October 15 before a grand jury in Fort Pierce, Florida. The case is overseen by Judge Aileen Cannon, who previously dismissed a case against Trump involving classified documents at Mar-a-Lago.
This inquiry is part of a “far-reaching” probe into whether officials intentionally interfered with Trump’s rights. This encompasses investigations from Russian election interference in 2016 to handling top-secret documents.
Wainstein noted that Brennan is also a focus in another probe regarding alleged false statements about a U.S. intelligence community assessment on Russian interference in the 2016 election.
Subpoenas for grand jury testimonies regarding false statements were initially issued last spring but later retracted in favor of voluntary interviews.
Despite the unclear allegations against Brennan, Wainstein stresses that the risk of indictment is significant, given the Trump administration’s historical stance toward him. “The message is clear to DOJ personnel about what needs to happen,” he noted.
Leadership Changes
The same day Brennan received the subpoena, Joe diGenova, leading the “grand conspiracy” investigation, resigned due to dissatisfaction with the probe’s progress. “If you want indictments where there’s no evidence, you have an ethical problem,” he commented. DiGenova later clarified his comments were taken out of context, emphasizing the presence of evidence but acknowledging the time needed for a thorough investigation.
The Justice Department has yet to announce a successor for diGenova. Kurt Olsen, another lawyer connected to Trump, has been in communication with Wainstein.
Brennan’s legal team seeks communications that might reveal the Trump administration’s role in directing the Justice Department against Brennan. They argue a preservation order is crucial due to the prior administration’s record management practices.
The Justice Department dismissed the preservation request as premature, stating Brennan is not a formal defendant and it remains unclear if charges will arise. Judge Cobb has not yet ruled on this request.

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