Former CIA Director John Brennan sued the Trump administration Tuesday, seeking a court order requiring officials to preserve records related to investigations into him.
Why it matters: If Brennan is later charged, preserved records could be central to any claim that the prosecution amounted to unconstitutional political retaliation.
Brennan contends the investigation is part of Trump's broader push to punish political adversaries — especially critics like Brennan, who has publicly clashed with Trump for years.
What they're saying: Brennan's attorneys argued in a lawsuit filed in D.C. federal court that the Trump administration's recent changes to records retention depart from longstanding record-keeping practices.
Officials are investigating Brennan for "phantom criminal conduct," his lawyers allege in the 46-page filing.
"Given the government's questionable recent history with respect to its record preservation and other legal obligations, however, Director Brennan has a well-founded concern that those records and communications will not be preserved until such time as the court can review them for evidence of unconstitutional vindictiveness," they said.
Brennan's attorneys claimed in the filing that the Justice Department has had a "consistent pattern of irregular conduct in this and other retribution cases."
The other side: "While we cannot comment on the existence, or lack thereof, of an investigation, it is certainly rich that John Brennan is accusing anyone of a "retribution campaign,'" a Justice Department spokesperson said.
She did not immediately respond to Axios' request to elaborate on her "retribution" comment.
What we're hearing: A source close to Brennan tells Axios' Mike Allen that the former CIA chief will "vigorously challenge" any indictment the administration secures.
"Since President Trump first entered politics, he has repeatedly singled out Director Brennan for criticism, and we believe these investigations are the latest effort to retaliate against him for his lawful conduct as CIA Director and his constitutionally protected speech," the source says.
"If an indictment is ever returned, Director Brennan will vigorously challenge it as the product of vindictive and selective prosecution. Today's filing seeks only to ensure that the Government preserves the evidence that will be necessary for the courts to evaluate Director Brennan's constitutional claims."
"That should never require judicial intervention, but given the government's recent record with respect to preserving records and complying with its legal obligations, obtaining a preservation order is sadly both prudent and necessary."
Context: The filing points to failed prosecutions and other actions the Trump administration has pursued as evidence that Brennan could eventually face an indictment.
That includes subpoenas issued to former Federal Reserve Chair Jerome Powell in an effort to pressure Powell to lower interest rates. A federal judge eventually quashed those subpoenas.
The filing also cites an investigation targeting Democratic Minnesota Gov. Tim Walz. A judge ruled the investigation appeared intended to retaliate against Trump's political and personal adversaries.