By Andrew Goudsward
WASHINGTON, July 1 (Reuters) - Former CIA Director John Brennan sued on Wednesday seeking to force the U.S. Justice Department to preserve records related to federal investigations examining his role in a U.S. intelligence community assessment that Russia boosted President Donald Trump's first presidential campaign in 2016.
The records and communications will be necessary for Brennan's anticipated legal challenges to a potential indictment, including to bolster claims that any future
prosecution was vindictive and started at Trump's behest, Brennan's lawyers argued in a court filing in Washington federal court.
The U.S. Attorney's Office in Miami has been examining whether Brennan, who led the CIA during former Democratic President Barack Obama's administration, made false statements to Congress in discussing the intelligence assessment and is part of a larger long-running criminal conspiracy against Trump's constitutional rights.
Brennan has called the investigation politically motivated and his lawyers have accused the Trump administration of improper tactics in the probe.
Trump has long railed against efforts to tie his 2016 campaign to Russia, calling it the "Russia Hoax" and demanding prosecutions for officials involved.
"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.
The lawsuit seeks to take advantage of growing skepticism in the courts about DOJ investigations targeting critics and perceived political adversaries of Trump. Judges have shown a growing willingness to intervene early in investigations, blocking subpoenas this year in probes involving former Federal Reserve Chair Jerome Powell and Democratic officials in Minnesota.
Brennan's complaint argues that internal DOJ records and communications are at risk of being lost because of the Trump administration's use of ephemeral messaging apps like Signal and because officials have not complied with federal recordkeeping laws.
Those materials would be crucial to Brennan's attempts to dismiss a future indictment, his lawyers argue. The lawsuit seeks a court order directing DOJ to preserve a wide variety of material related to the two investigations before any indictment is brought.
"A careful examination of the prosecutors’ emails, texts, instant messages, internal memoranda and the like would enable a court to determine whether their decisions were based on legitimate law enforcement concerns or on a desire to selectively and/or vindictively prosecute Director Brennan," the complaint reads.
(Reporting by Andrew Goudsward; Editing by Chizu Nomiyama)
