WASHINGTON — Attorneys representing ex-CIA chief John Brennan have formally requested that the Justice Department be barred from directing a probe involving him and other former officials to a specific Florida judge known for dismissing the classified documents case against former President Donald Trump.
Legal Challenge Filed
The motion, submitted on Monday, is directed to U.S. District Judge Cecilia Altonaga, the chief judge in Florida's Southern District. Federal prosecutors in this jurisdiction have initiated a criminal investigation tied to the U.S. government's evaluation of Russian meddling in the 2016 presidential election. Brennan and several other individuals have received subpoenas, with prosecutors indicating Brennan is a target.
Brennan's legal representatives argue the Justice Department is engaging in "judge-shopping" by attempting to have the case assigned to U.S. District Judge Aileen Cannon, who made rulings beneficial to Trump in the prior documents case and dismissed it last year. The letter urges Judge Altonaga to use her "supervisory authority" to ensure the DOJ cannot steer the election interference investigation to Judge Cannon's courtroom.
"In short, we are seeking assurance that any litigation arising out of this grand jury proceeding will be heard by a judge who is selected by the court’s neutral and impartial processes, not by the prosecution’s self-interested maneuvering contrary to the interests of justice," stated Brennan's attorneys, Kenneth Wainstein and Natasha Harnwell-Davis. This correspondence was initially reported by The New York Times.
Investigation Details
The specific crime under investigation by Florida prosecutors remains unclear. However, subpoenas issued last month to Brennan and other former officials requested documents related to the Obama administration's intelligence community assessment, released in January 2017, which outlined Russia's covert efforts to aid Trump's victory over Hillary Clinton.
Trump was investigated during his first term for potential campaign collusion with Russia but faced no charges. He has consistently sought retribution against those involved in the Russia probe.
In September, Trump's Justice Department secured a false statement and obstruction indictment against James Comey, the FBI director at the time the Russia investigation began. However, that case was dismissed, and its future is uncertain after a judge blocked prosecutors from accessing key evidence.
Venue Concerns
Brennan's lawyers note that the Trump administration's Justice Department previously attempted to "forum-shop" the investigation to multiple jurisdictions, including Pennsylvania, before focusing on Florida. They claim prosecutors have not adequately explained why Florida is an appropriate venue, given that the intelligence assessment was developed by officials in the Washington, D.C., area.
The grand jury investigation is currently based in the Miami division of the Southern District of Florida. Brennan's attorneys express concern that the Trump administration might transfer the case to the Fort Pierce division, where Judge Cannon is the sole judge. They point to the DOJ's decision to seek an additional grand jury in Fort Pierce despite no apparent caseload need as grounds for this alarm.
"The United States Attorney’s efforts to funnel this investigation to the judge who issued this string of rulings that consistently favored President Trump’s positions in previous litigations should be seen for what it is," Brennan's lawyers wrote.
