WASHINGTON (AP) — Lawyers for former CIA Director John Brennan want to block the Justice Department’s investigation of him and other former government officials from blocking a “favored” Florida judge who dismissed the classified documents case against Donald Trump.
The request was addressed Monday to U.S. District Judge Cecilia Altonaga, the chief judge of the Southern District of Florida, where federal prosecutors are conducting a criminal investigation related to the U.S. government’s assessment of Russian interference in the 2016 presidential election. Brennan and other former officers have received subpoenas, and Brennan’s attorneys say he was advised by prosecutors that he was a target of the investigation.
Brennan’s lawyers said in their letter that they are concerned that the Justice Department is engaging in “judge shopping” and is trying to arrange for the investigation to be transferred to US District Judge Allyn Cannon, who has issued rulings favorable to Trump in the classified documents case and dismissed it last year. They urged Altonaga to exercise his “supervisory authority” as chief justice to ensure the Justice Department is unable to control the current Russia-related matter.
“In short, we are seeking assurances that any case arising from this grand jury proceeding will be heard by a judge selected through the neutral and impartial processes of the court, not by the selfish maneuvering of the prosecution against the interests of justice,” wrote Brennan’s attorneys, Vanthinst-Kenthanstavy & Nanthanstavy. The New York Times previously reported on this paper.
It’s unclear what specific allegations of criminal conduct prosecutors in Florida are investigating. But subpoenas issued to Brennan and other former law enforcement and intelligence officials last month sought documents related to the Obama administration’s preparation of an intelligence community assessment, made public in January 2017, of how Russia conducted a covert influence campaign to help Trump defeat Democratic nominee Hillary Clinton.
During Trump’s first term, his campaign was investigated but not charged for colluding with Russia to manipulate the election. He has long sought revenge against officials who played a key role in the Russia investigation.
In September, his Justice Department secured a Misrepresentation and obstruction charges Against James Comey, the FBI director at the time the Russia investigation began, the case against him was dismissed. Its future is in doubt because of a judge’s decision to block prosecutors, in the event they try to revive the case, relying on communications they consider key evidence.
Brennan’s lawyers said the Trump administration’s Justice Department tried to “forum-shop” his investigation in several areas, including Pennsylvania, before settling on Florida. But they say prosecutors are unable to answer basic questions about why Florida is an appropriate location for the investigation, given the intelligence community’s assessment of the case by Washington, D.C., area officials.
Although it is unclear whether the Justice Department will ultimately produce charges, Brennan’s request reflects the fact that judges overseeing grand jury investigations may be called upon to make important decisions and resolve important disputes, including witness testimony, that could affect the course of the investigation.
The grand jury investigation is currently based in the Miami Division of the Southern District of Florida, but Brennan’s lawyers say they are concerned that the Trump administration may be ready to try to transfer the case to the smaller Fort Pierce Division, where Cannon is the only judge. Although they cited the Justice Department’s decision to seek an additional grand jury in Fort Pierce as the basis for the warning, Brennan’s attorneys said there was no clear caseload requirement.
“The U.S. attorney’s efforts to funnel this investigation to the judge who issued this string of rulings in previous cases that continue President Trump’s position must be seen for what it is,” Brennan’s lawyers wrote.
