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Judge tosses ex-CIA head John Brennan's document preservation lawsuit against the Justice Department

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Judge tosses ex-CIA head John Brennan's document preservation lawsuit against the Justice Department
News

News

Judge tosses ex-CIA head John Brennan's document preservation lawsuit against the Justice Department

2026-10-16 03:26 Last Updated At:03:30

WASHINGTON (AP) — A federal judge on Thursday rejected a lawsuit from John Brennan that sought to force the Justice Department to preserve investigative records so that the former CIA director can challenge any eventual criminal case against him as a selective and malicious prosecution.

A lawyer for Brennan conceded during arguments last month that the request for a court order was unusual but said it was necessary given what he called the Justice Department's pattern of vindictiveness in its pursuit of Brennan and its recent track record of erasing or failing to preserve communications and records in other matters.

The lawsuit contends that the records being sought would demonstrate that any prosecution of Brennan, who has been investigated for months by the Trump administration Justice Department but not charged, is the product of a political vendetta to punish one of President Donald Trump's perceived adversaries.

But U.S. District Judge Jia Cobb denied Brennan's request, saying his arguments were too speculative and that the former CIA director had not proven that the Justice Department was failing to preserve records that would be relevant to a future malicious prosecution defense.

“Brennan’s allegations — that he is being targeted by the Trump Administration not because of his conduct, but because he has opposed the current president — are deeply concerning,” Cobb wrote. “If he was eventually able to prove those allegations true, that would certainly suggest that his potential prosecution is vindictive. But even taking all of Brennan’s allegations to be truthful at this stage, the injury he alleges is simply too attenuated from the actions he seeks to enjoin to warrant a finding of standing here.”

As CIA director in the final years of President Barack Obama's Democratic administration, Brennan was a key figure in the U.S. intelligence community's conclusion that Russia had interfered in sweeping fashion in the 2016 presidential election on behalf of Trump, who went on to defeat Democrat Hillary Clinton for the White House. That assessment has for years infuriated Trump, who spent much of his first term shadowed by an investigation into whether his campaign had conspired with Russia.

Brennan, over the last year, has been entangled in Justice Department investigations into whether he made false statements before the House Judiciary Committee in 2023 and in a broader Florida-based inquiry into whether he and other former intelligence and law enforcement officials engaged in a conspiracy to keep Trump from power.

He has been subpoenaed to testify before a grand jury in the broader conspiracy investigation, though the date of his appearance has been postponed. His lawyers have said they've been told by prosecutors that he remains a target in the separate and more discrete false-statements investigation.

He has vigorously denied any wrongdoing, with his defense lawyer, Ken Wainstein, telling Cobb during arguments last month that the notion of a broad anti-Trump conspiracy was “fiction.”

“I’ve spent decades in and around the Justice Department. I’ve never even conceived of a situation like this” in which the Justice Department is “blatantly trying to frame somebody for a crime that is complete fiction," Wainstein said.

It is unclear whether Brennan will face charges, but his attorneys sued in July to put the government on notice that they would challenge any prosecution on vindictive prosecution grounds. They said any records they received from the government through a court order would be helpful in backing up their argument.

Cobb was nominated in 2021 by President Joe Biden, who earlier served as Obama's vice president.

FILE - The U.S. Department of Justice logo is seen on a podium before a news conference, May 4, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson, File)

FILE - The U.S. Department of Justice logo is seen on a podium before a news conference, May 4, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson, File)

FILE - Former CIA Director John Brennan testifies on Capitol Hill in Washington, June 16, 2016. (AP Photo/J. Scott Applewhite, File)

FILE - Former CIA Director John Brennan testifies on Capitol Hill in Washington, June 16, 2016. (AP Photo/J. Scott Applewhite, File)

MANCHESTER, England (AP) — A player revolt was about the last thing Manchester United needed in another troubled start to a season.

Lisandro Martinez's outburst following Tuesday's Champions League defeat against Atletico Madrid added more unwanted focus on the club as manager Michael Carrick attempted to turn its ailing campaign around.

The Argentina defender called out United's hierarchy over its offseason recruitment, with director of football Jason Wilcox the apparent target of his criticism.

In January, Ruben Amorim had a fallout with Wilcox which swiftly led to the manager being fired after just 14 months in the job.

Martinez's comments have put United's leadership in the spotlight again and have broken the sense of calm at Old Trafford that Carrick had overseen since succeeding Amorim.

They suggest an underlying unrest in the face of another season that looks in danger of going badly wrong. Forward Amad Diallo also posted an expletive on social media following defeat in Madrid, describing it a “disgrace.”

Martinez issued an apology on social media on Thursday after a meeting with Carrick and what he called “the club's leadership.”

“It was a very positive conversation, where we were able to exchange views and speak openly about what happened after Tuesday’s game,” Martinez wrote. “Everyone knows that I am a passionate person and that I live football with great intensity. The frustration of the defeat led me to express how I felt at a time and place that perhaps were not the right ones, and for that I want to apologise.”

It is already 13 years since United last won the Premier League title and, six games into the season, it is languishing 13th in the standings, 12 points adrift of leader Manchester City.

United have only one league win, against promoted Ipswich, and two overall, the other one against Azerbaijani team Sabah in the Champions League.

The club also crashed out of the English League Cup at the first stage.

There have been boos from fans, most recently following the home draw against winless Tottenham on Saturday.

“I’m not happy with the amount of points we’ve had so far, for sure," Carrick said. "You know, I’m not hiding that. There’s no hiding from that.

“I understand the reaction at times. It hurts a lot. It’s not nice to go through. Sometimes you have to go through it."

There is no suggestion Carrick's position is in danger after he became United's seventh permanent manager since club great Alex Ferguson retired following that title win in 2013.

But he is facing familiar problems that were seen under predecessors Amorim, Erik ten Hag, Ole Gunnar Solskjaer and Jose Mourinho, who all endured poor runs before losing their jobs.

Six points from six games represents United's worst start in the Premier League era, and on Sunday comes a clash with fierce rival Leeds at Elland Road, coincidentally the setting for Amorim's final game.

The trip to Leeds is another daunting assignment for United in what is usually a hostile atmosphere.

City can extend its 100% start to the season when it hosts Ipswich. Defending champion Arsenal travels to Nottingham Forest.

Bradley Barcola is up and running at Liverpool after scoring a hat trick in the Champions League on Wednesday.

Then, of course, there is Martinez. Will Carrick stick with the defender after his outburst or drop him?

Liverpool's Ryan Gravenberch is suspended after being sent off against City, while Dominik Szoboszlai, Cody Gakpo and Alexander Isak missed the last two games with injuries.

Luke Shaw and Kobbie Mainoo missed United's defeat to Atletico.

Arsenal will be without Piero Hincapie for several weeks, according to manager Mikel Arteta, after he picked up an injury in training. Martin Zubimendi is also a doubt following a separate training injury.

James Robson is at https://x.com/jamesalanrobson

See AP’s full soccer coverage here

Manchester United's head coach Michael Carrick reacts during the English Premier League soccer match between Manchester United and Tottenham Hotspur in Manchester, England, Saturday, Oct. 10, 2026. (AP Photo/Dave Thompson)

Manchester United's head coach Michael Carrick reacts during the English Premier League soccer match between Manchester United and Tottenham Hotspur in Manchester, England, Saturday, Oct. 10, 2026. (AP Photo/Dave Thompson)

Manchester United's Lisandro Martinez attends a training session at Carrington Training Centre, Manchester, England, Monday Oct. 12, 2026. (Martin Rickett/PA via AP)

Manchester United's Lisandro Martinez attends a training session at Carrington Training Centre, Manchester, England, Monday Oct. 12, 2026. (Martin Rickett/PA via AP)

Manchester United's head coach Michael Carrick looks on during the Champions League opening phase soccer match between Atletico Madrid and Manchester United in Madrid, Tuesday, Oct. 13, 2026. (AP Photo/Bernat Armangue)

Manchester United's head coach Michael Carrick looks on during the Champions League opening phase soccer match between Atletico Madrid and Manchester United in Madrid, Tuesday, Oct. 13, 2026. (AP Photo/Bernat Armangue)

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